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Passion: The Fire Within   Spring 2012, 18th Issue (UNDER CONSTRUCTION MAY 10 TO MAY 15)

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   CHAOS AND ORDER

    By: Roger Vokey, Lawyer

Your Right to Life, Liberty and Security 

The body and its integrity is a societal issue of both a legal and moral nature. Certainly, it is the vehicle in which we live and exist in the world as an individual. Whether you are a male or female, regardless of your cultural or race background, the western world imbues you with the legal and moral right not to be touched by another in a manner that is not by consent.  In the real world, many people ignore laws and morality and act according to their own whims and desires. A violation of these laws and morals is unacceptable and should never be tolerated. Sometimes, when faced with a situation in which we are being treated in a manner that invades our bodily integrity, we are unable to react. However, seeking help to avoid any reputation of these events is always desirable.

In our legal system, the body is extremely important and is protected by law. The Canada Act, 1982 in article 7, reads as follows:

"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with principles of fundamental Justice". 

In addition, the provincial laws of each province touch on the subject of the inviolability of the body. The Quebec Civil Code, in article 3 states as follows:

"Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy". 

The Criminal Code of Canada has specific sections, including Part V entitled "Sexual Offences, Public Morals and Disorderly Conduct", Part VII is entitled "Offences Against the Person and Reputation", which confirm the importance of the body and criminalizes any violations of the body. The Criminal Code of Canada can be read at the site on Google Criminal Code-laws.justice.qc.ca.

The body is recognized as being the foundation of any social network, and our entire civilization is based on the respect for the individual body. This concept may not be taken for granted, since many systems throughout time have accepted slavery as an inherent right of the propertied class and protected the rights of the slave owners over their property. Essentially, the command over another person’s body and their mind equates to slavery.

As a young man or woman, you are entitled by laws to control your own body without the interference or manipulation of others. Certainly, the real world does not always conform to law. Should you ever be touched or be the recipient of physical abuse or worse, it is important to remember two (2) issues:

  1. That it is not your fault and that you are not responsible or to blame for any violation of your person;
     

  2. Seek help. There exist a number of ways to seek help.  All of the help that is available involves seeking a trusted person in authority. You can of course, involve your parents. Engaging the assistance of a teacher or the principal of your school is an alternative option.

Finally, there are Youth Protection services in every jurisdiction with the training and legal authority to intervene in the appropriate manner particular to a given situation. You are important and there are services that are available to help. A shared burden is a diminished burden. 

Everyone sometimes needs help,
Roger

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