The Limits of State Control: Ethical and Legal Perspectives on Bodily Autonomy

By Rabia Ecrin Özdaşan

To what extent should the state and justice system claim rights over our bodies? Where would ethical boundaries be, and how this would relate to ideas of justice, and what would the broader social implications be?

Bodily autonomy protection is very diverse in states. The Netherlands and Germany are the first category where strong constitutional and legal protection guarantees bodily integrity and a person's informed consent. Germany's Basic Law ensures human dignity and bodily integrity in particular, Grundgesetz [GG] arts. 1, 2 (1949), but the Netherlands has unique law on reproductive rights and euthanasia, Termination of Life on Request and Assisted Suicide Act (2002). Hungary falls in the second category where there is legal protection undermined by restrictive policies further limiting reproductive and healthcare rights, Fundamental Law of Hungary arts. P, S (2011), and Act X of 2022 on prohibition of abortion. Saudi Arabia is the ideal totalitarian state control with minimal protection in law and pervasive interference with physical liberty, especially that of women, under Sharia law; see Saudi Basic Law of Governance (1992).

This institution underscores that physical autonomy does not only depend on codes of legislation, but political will and culture as well, reminding us that the safeguarding of human rights is a never-ending process.

Germany and the Netherlands both have robust legal protections of physical autonomy that advance human dignity to a considerable degree and evoke social confidence in government. See Termination of Life on Request and Assisted Suicide Act (2002); Grundgesetz arts. 1, 2. Hungary's increasingly restrictive reproductive rights legislation, on the other hand, has led to elevated health risks and growing social inequalities. See Fundamental Law of Hungary arts. P, S; Act X of 2022. On the most conservative of fronts, Saudi Arabian law provides very limited protection of bodily autonomy and, with wide-ranging state intrusion, drastically curtails especially women's freedom. See Saudi Basic Law (1992); Human Rights Watch, World Report 2023: Saudi Arabia.

This range therefore clearly shows that bodily autonomy is not only determined by the law of the land but also by the political culture and will of a given society, pointing to its very importance to social justice and human dignity.

Although law is the nominal basis of bodily autonomy, its enforceability is very much a function of politics and culture. Where democratic values and the rule of law are strong, legal protections of bodily autonomy are uniformly enforced, allowing respect for individual rights. Where political illiberalism or more repressive social norms are dominant, laws protecting bodily autonomy can be enacted but are repeatedly thwarted by political interference, social disapproval, or discriminatory enforcement.

For example, despite progressive laws in some countries, cultural prohibitions related to reproductive health or gender roles can restrict de facto bodily freedom. Political agendas similarly drive or restrict bodily autonomy to further larger ideological ends, demonstrating that law is insufficient in the absence of political will and cultural alignment.

Thus, the theory of body autonomy is one of thinking about the intersection of politics, law, and culture, and the need to have comprehensive approaches handling not just legislation but social opinion as well as government apparatuses.

To more effectively safeguard bodily autonomy globally, more specific international legal norms that span borders and cultural variation are urgently required. Current frameworks, like the Universal Declaration of Human Rights, provide a foundation but are neither explicitly intended to, nor enforceable against, bodily freedom. Merging international conventions with explicit enforcible stipulations of bodily autonomy would promote conformity and responsibility among states.

Political will and cultural transformation are also necessary. Educational and sensitization campaigns among the populace are a prerequisite to create respect for body rights and empower individuals to assert themselves. Governments and civil society must collaborate to uproot institutional barriers and discriminatory attitudes, which undermine autonomy.

Lastly, taking the multidisciplinary path—uniting legal reform, human rights activism, access to medical care, and engagement with socioculture—will render bodily autonomy not a noble aspiration but an actual experience for all, reestablishing human dignity and social justice on earth.

Bibliography

Grundgesetz [GG] [Basic Law], arts. 1, 2 (Ger. 1949).

Termination of Life on Request and Assisted Suicide Act, (2002) (Neth.).

Fundamental Law of Hungary arts. P, S (2011).

Act X of 2022 on prohibition of abortion (Hung.).

Saudi Basic Law of Governance (1992).

Human Rights Watch, World Report 2023: Saudi Arabia, https://www.hrw.org/world-report/2023/country-chapters/saudi-arabia (last accessed May 18, 2025).

Universal Declaration of Human Rights, G.A. Res. 217 (III) A, U.N. Doc. A/810 at 71 (1948).