THE RIGHT TO BODILY INTEGRITY OF PERSONALITY Cover Image

ПРАВО НА ТЈЕЛЕСНИ ИНТЕГРИТЕТ ЛИЧНОСТИ
THE RIGHT TO BODILY INTEGRITY OF PERSONALITY

Author(s): Radenko Jotanović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Human Rights and Humanitarian Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: the right to physical integrity; the right to bodily integrity; individual cases of violation of the right to bodily integrity; informed consent;

Summary/Abstract: The right to physical integrity of the person is one of the basic rights from the so-called corpus of the right to physical integrity. Along with other personal rights from the corpus of rights to physical integrity, this right is basic, primary, essential, vital in relation to all other personal rights. Also, all other personal rights from the corpus of rights to physical integrity are manifested through bodily integrity, because every violation of bodily integrity has its own external characteristics because the human body is materialized, visible, tangible in the "external" world. There are numerous and varied possibilities of injury to bodily integrity, such as various types of medical treatments, (bio)medical experiments and clinical trials, inter vivos and post mortem transplantation, various sports activities, i.e. competitions, etc. However, as with other absolute (non-)property rights, the illegality of the violation is the exclusion by the voluntary consent of the injured person, who in this case is qualified, because it is a so-called informed consent.

  • Issue Year: 2016
  • Issue No: 38
  • Page Range: 35-63
  • Page Count: 29
  • Language: Serbian
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