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31 - Critical Reflections on the Need for a Right to Mental Self-Determination

from The Right to Mental Integrity

Published online by Cambridge University Press:  04 January 2020

Andreas von Arnauld
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Kerstin von der Decken
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Mart Susi
Affiliation:
Tallinn University, Estonia
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Summary

Christoph Bublitz’s proposal that there is a need for a new right to mental self-determination, which he defines broadly as ‘the right to self-determine what is in and on one’s mind … consist[ing] of claims against others to not-interfere with minds of right holders, by either factually altering minds or by imposing legal duties pertaining to them’, is interesting and thought-provoking. As he explains, no explicit right to mental self-determination currently exists. Even though other rights, such as the right to mental integrity, the right to private life and freedom of thought, conscience, religion and opinion protect aspects of such a right, Bublitz argues that there are some gaps in protection that need addressing through a new self-standing right to mental self-determination.

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The Cambridge Handbook of New Human Rights
Recognition, Novelty, Rhetoric
, pp. 404 - 412
Publisher: Cambridge University Press
Print publication year: 2020

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