Bodily Integrity in UK Law
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Montgomery v Lanarkshire Health Board
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An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must be obtained before treatment interfering with her bodily integrity is undertaken. The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments.
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Bici and Another v Ministry of Defence
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In trespass, any unlawful interference with the bodily integrity of the claimant will not be unlawful if it is justified, and it will be justified if the defendant can establish that the claimant's conduct was such that the defendant reasonably apprehended that he would be imminently attacked and used reasonable force to protect himself.
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Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd and another
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He relied on the miniscule changes which, as described above, preceded the genetic changes which gave rise, at a later date, to the existence of cancerous cells; in other words injury occurred at the point when the body's natural defence mechanisms were operating to destroy or neutralise the fibres as soon as they were inhaled. This was the time when, according to MMI, accidental injury occurred.
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Airedale NHS Trust v Bland
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First, it is established that the principle of self-determination requires that respect must be given to the wishes of the patient, so that if an adult patient of sound mind refuses, however unreasonably, to consent to treatment or care by which his life would or might be prolonged, the doctors responsible for his care must give effect to his wishes, even though they do not consider it to be in his best interests to do so (see Schloendorff v. Society of New York Hospital 105 N.E. 92, 93, per Cardozo J. (1914); S. v. McC. (Orse S.) and M (D.S. Intervener); W v. W [1972] A.C. 24, 43, per Lord Reid; and Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] A.C. 871, 882, per Lord Scarman).
In my view, the correct answer to the present case depends on the extent of the right to continue lawfully to invade the bodily integrity of Anthony Bland without his consent. If in the circumstances they have no right to continue artificial feeding, they cannot be in breach of any duty by ceasing to provide such feeding.
If I am right so far in my analysis, the critical decision to be made is whether it is in the best interests of Anthony Bland to continue the invasive medical care involved in artificial feeding. "Is it in Anthony Bland's best interests that he should die?" The latter question assumes that it is lawful to perpetuate the patient's life: but such perpetuation of life can only be achieved if it is lawful to continue to invade the bodily integrity of the patient by invasive medical care.
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R (West) v Parole Board
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At first blush, therefore, and without the benefit of hearing full argument on the subject, I would expect to conclude that this was at least the determination of his civil rights and obligations and that Article 6(1) was thus engaged. The requirements of a fair hearing may differ according to the subject matter but they would include the right to be heard and to be represented by counsel, albeit not necessarily at public expense.
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Sentencing Act 2020
...... to kill) ;(ii) section 18 (wounding with intent to cause grievous bodily harm) ;(iii) section 20 (malicious wounding) ;(iv) section 23 ...2014/3349) ;regulation 11(6) of the Electricity and Gas (Market Integrity and Transparency) (Criminal Sanctions) Regulations 2015 (S.I. 2015/979) ......
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Anti-social Behaviour, Crime and Policing Act 2014
...... for the purpose of furthering the efficiency, effectiveness or integrity of the police as the Secretary of State may from time to time direct. . ... to kill) ,(c) section 18 (wounding with intent to cause grievous bodily harm) ,(d) section 20 (malicious wounding) ,(e) section 21 (attempting to ......
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The Sizewell C (Nuclear Generating Station) Order 2022
...... “draft site integrity plan” means the document certified as such by the Secretary of State ... maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than £50,000,000.00 (fifty million ......
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The Immingham Open Cycle Gas Turbine Order 2020
...... demonstrate any potential pipeline movement will not present an integrity risk to the affected asset. . Annotations: Commencement Information # I117 ... pollution liability for third party property damage and third party bodily F93damage arising from a pollution/contamination event with cover of ......
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Bodily Integrity, Embodiment, and the Regulation of Parental Choice
In this article we develop a new model of bodily integrity that we designate ‘embodied integrity’. We deploy it to argue that non‐therapeutic interventions on children should be considered within a...
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Intersexuality and the ‘Right to Bodily Integrity’
In 2013, the Parliamentary Assembly of the Council of Europe passed a resolution on ‘children’s right to bodily integrity’. In the resolution, concerns were expressed for about practices carried ou...
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‘If a Picture Paints a Thousand Words’: The Development of Human Identification Techniques in Forensic Anthropology and Their Implications for Human Rights in the Criminal Process
Newly developed techniques in forensic anthropology offer great potential to assist in identifying, and ultimately convicting, perpetrators of serious sexual assaults, particularly those involving .........It assesses police powers; the rights of suspects to privacy and bodily integrity; the privilege against compelled self-incrimination; and the ......
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Closing the cultural rights gap in transitional justice: Developments from Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls
Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls (the ‘MMIWG Inquiry’) is the latest truth-seeking body to grapple with legacies of violence against indigenous peoples......... Missing and Murdered, ostensibly limits its scope of application to bodily integrity crimes, the MMIWG Inquiry instead embraced an expansive ......
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COVID-19: what next for UK employers, Part 1
At the end of our What Next webinar this week I announced boldly that either we had had no questions from the floor or I had done something hideous to the IT and lost them. With depressing predicta......... immunity; the regulations interfere with the public’s right to “bodily integrity” and are severe and disproportionate; they will ......
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Implied Consent Or Informed Consent? Organ Donation In Scotland
......There is a risk of undermining the individual's bodily integrity while responding to the need to increase the organ donation ......
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Montgomery Matters: The RCS Issues Guidance On Consent
...... be obtained before commencing any treatment interfering with their bodily integrity. The doctor is under a duty to ensure that the patient is ......
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Consultation Issued On Mandatory Vaccination For All Frontline Workers In Health And Social Care Settings
......interfere with the public's right to "bodily. integrity" and are severe, unnecessary and disproportionate;. will ......