Parchomovsky and Stein, ‘Autonomy’

Personal autonomy is a constitutive element of all rights. It confers upon a rightholder the power to decide whether, and under what circumstances, to exercise her right. Every right infringement thus invariably involves a violation of its holder’s autonomy. The autonomy violation consists of the deprivation of a rightholder of a choice that was rightfully hers – the choice as to how to go about her life.

Harms resulting from the right’s infringement and from the autonomy violation are often readily distinguishable, as is the case when someone uses the property of a rightholder without securing her permission or, worse, causes her bodily injury. At other times, however, the two harms overlap, as in the case when a rightholder is unlawfully barred from exercising her free speech right or is denied the right to vote …

Parchomovsky, Gideon and Stein, Alex, Autonomy (May 3, 2019).

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