B.2(b). Right to Bodily Autonomy
Every Person controls their own body. Every Person has the Right to make personal decisions about their medical care, physical appearance, and self-identification. They are protected from abuse and can make reproductive choices.
State‑Intervention Standard. The government may intervene in personal decisions only when a Person is experiencing a mental crisis that renders them unable to make rational, self-directed choices. The mere fact that a decision is risky or may result in self-harm is not sufficient grounds for intervention, so long as the Person is capable of informed and rational judgment. Acts of protest, including hunger strikes or similar conduct, are expressions of autonomy and may not be interfered with. A Person’s decision to enter hospice care or make other permanent decisions about the course of their life shall be respected, provided they possess the capacity for rational self-determination.
Religious or Cultural Practices. When religious or cultural practices involve body modifications performed on others who are incapable of giving or withholding consent, such practices are only permissible when they do not cause permanent loss of physical function, capacity, or lasting trauma. Practices that permanently impair or remove bodily capacity, sexual pleasure, or autonomy are prohibited. This Charter distinguishes between cultural expression and irreversible harm.
Minors. Parents or legal guardians may make decisions for minors, including cultural or symbolic practices, provided those decisions do not cause permanent harm or suppress the minor’s future autonomy. As minors grow, their expressed views shall be given increasing weight. By age sixteen, a minor is presumed competent to make personal decisions unless proven otherwise through a lawful process.
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