The Right to Hunger Strike
Bibliographic Data
| ID | 3284565 |
|---|---|
| Authors | Candice Delmas (0000-0001-8293-7523, Northeastern University, corresponding author) |
| Year | 2024 |
| Volume | 118 |
| Issue | 2 |
| Pages | 848-861 |
| Publication date | 2024-05-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0003055423000400 |
| OpenAlex | W4377023886 |
| Language | EN |
| Citations received | 8 |
| References cited | 46 |
Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons' free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as noncoercive and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people's structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one's liberty interests in the face of carceral oppression
Argument (complex analysis · Criminology · Grievance · Oppression · Political science · Politics · Prison · Redress · Sociology · Criminal Justice and Corrections Analysis · Ethics and Legal Issues in Pediatric Healthcare · Law · Medicine · Torture, Ethics, and Law
Suicide in prisons
The world report on violence and health
Being Sure of Each Other
A Duty to Resist
Bodies of Violence
Blood in the Water
Refugees and the Ethics of Forced Displacement
The Palestinian Prisoners Movement
Laws of Fear
Words matter
No Friend but the Mountains
Becoming stronger by becoming weaker
The Human Body as a Terrorist Weapon
Fragility as Strength
Through the Wire
Body Politics and Boundary Work
The Art of Hunger
Bare Life on Strike
Selected Writings of Mahatma Gandhi
From Pelican Bay to Palestine
Shattering Silence
So Much Wasted
Staging incapacitation
The Right to Strike
Formations of Violence
The Body as Weapon
Necropolitics
| Citations per year | 4 |
|---|---|
| Citation span | 2024 - 2026 (3) |
| Highly cited | No |