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1 results

  • 3 - The Right to Personal Integrity

  • from Part I - The Negative Dimension
  • Sjors Ligthart, Utrecht University, Emma Dore-Horgan, University College Cork, Gerben Meynen, Utrecht University
  • Book:
    Minds, Freedoms and Rights
    Published online:
    21 December 2025
    Print publication:
    22 January 2026, pp 52-85
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  • Summary

    For a long time, criminal justice typically operated through the human body. Historically, the intentional infliction of severe physical harm, such as through quartering and the rack, has been central to both criminal investigation and punishment. This centrality of the human body in criminal justice arguably changed with the rise of carceral punishment and, as of the mid 1900s, with the emergence of human rights protection to the integrity of persons. Yet, it is still the case that nowadays the use of physical force by state officials makes many appearances in modern criminal justice, ranging from handcuffing, taking bodily material for DNA analysis and using pepper spray on arrest, to physical force strip searches in prison and mechanical restraint in forensic hospitals. Moreover, capital punishment, as the supreme corporal sanction, is permitted under international human rights law and still applies in many jurisdictions worldwide.