BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

Images of Corporeality in Law: 
The Experience of the BRICS Countries 

Aleksandra Zorina, 
University of Tyumen (Tyumen, Russian Federation) 

Ivan Yapryntsev, 
University of Tyumen (Tyumen, Russian Federation) 

https://doi.org/10.21684/2412-2343-2024-11-1-58-83 

Abstract. This article presents the authors’approaches to understanding the concept 
of corporeality in its normative dimension. The purpose of the study is to conceptualize 
the images of human corporeality that exist in the system of legal regulation. Based 
on the idea that the research category is a representation of certain characteristics 
of the human body, the authors substantiate the possibility of using institutional 
and functional-activity approaches to analyzing human corporeality. Both of these 
approaches are based on distinct foundations, which include social institutions, fields 
of activity and functional purposes of the human body. The common basis for the two 
approaches lies in the biosocial component, which is considered one of the defining 
characteristics of an image of corporeality. Depending on the approach used, the 
authors propose three classifications of images of corporeality: private and public, 
collective and individual and normal and abnormal. Regulatory practices that are 
aimed at consolidating these images of corporeality are analyzed within the framework 
of the current legal regulations in the BRICS countries. The authors conclude by noting 
that corporeality is a biosocial category that serves as the basis for legal subjectivity, 
while gaps in existing images of corporeality are the basis for its normalization. 

Keywords: human body; corporeality; individual; state; BRICS, body functions; 
collective body; normality; abnormality. 

Recommended citation: Aleksandra Zorina & Ivan Yapryntsev, Images of Corporeality 
in Law: The Experience of the BRICS Countries, 11(1) BRICS Law Journal 58–83 (2024). 

© Zorina A., Yapryntsev I., 2024 CC BY-NC-ND 4.0 


Aleksandra Zorina, Ivan Yapryntsev 

Table of Contents 

Introduction 

1. Corporeality: Institutional and Functional-Activity Approaches 
to Understanding the Concept 
1.1. Institutional Approach 
1.2. Functional-Activity Approach 
2. Private and Public Images of Corporeality 
2.1. The Essence of Private and Public Images of Corporeality 
2.2. Legal Regulation of Private and Public Images of Corporeality 
3. Individual and Collective Images of Corporeality 
3.1. The Essence of Individual and Collective Images of Corporeality 
3.2. Legal Regulation of Individual and Collective Images of Corporeality 
4. Normality versus Abnormality in Images of Corporeality 
4.1. Division in the Images of Corporeality through the Prism 
of Normality and Abnormality 
4.1.1. Healthy Body and Sick Body 
4.1.2. Male Body and Female Body 
4.1.3. Reproductive Body and Non-Reproductive Body 
4.1.4. Young Body and Old Body 
4.1.5. Living Body and Dead Body 
4.2. Abnormality as a Socially Approved Manifestation of Human 
Corporeality (Using the Example of the Russian Federation) 
Conclusion 

Introduction 

The human body, functioning as a sphere of social as well as legal influence, 
provides a specific setting for an individual to realize his or her capabilities to interact 
with the surrounding reality. 

Given this understanding of the issue, it becomes important to consider those 
criteria and requirements that are normatively laid down for possible forms and 
methods of representation of the human body. This process leads to the formation 
of various images of corporeality, which affect, among other things, the legal status 

(i.e. the totality of subjective rights, freedoms and responsibilities) of an individual. 
In this regard, the very posing of the question of images of corporeality is predetermined 
not only and to a lesser extent by the search for their presence in legal 
regulation but also by the extent to which and how the attribution of these images 
to a particular individual influences that individual in terms of integration into the 
existing legal reality. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

Before further examining the issues that have been identified, it appears necessary 
to determine the content of the concept of “corporeality” in its normative context. 

1. Corporeality: Institutional and Functional-Activity Approaches 
to Understanding the Concept 
As noted above, a person’s corporeality, to a certain extent, influences the range 
of his or her subjective capabilities in their legal dimension. 

At the same time, corporeality itself is a particular, socially rooted idea of the 
human body, which is formed by the unity of various characteristics associated 
with the representation of this body. This allows us to assert that the category 
of corporeality is biosocial in nature; that is, it is determined both by the internal 
qualities of the human body and by external social factors. 

Such a general idea of corporeality in law does not exclude the possibility of 
different approaches to revealing the content of this category. In particular, it 
seems reasonable to talk about institutional and functional-activity approaches to 
understanding corporeality. 

1.1. Institutional Approach 
In law, the corporeality of a person is a set of attributes that form a particular image 
of a person and enable participation in legal relations. Such attributes are proposed 
to be divided into two groups: 

1. Biological 
2. Social 
Social attributes can be further divided into a number of other factors, including 
but not limited to the following: 

• culture − every person is brought up in a 
certain culture, which shapes their 
views, behaviors and values; 

• 
social 
status 
− 
a 
person’s 
social 
status 
can 
be 
determined 
on 
the 
basis 
of 
income, 
profession, education and other factors; 

• 
religion 
− 
religious 
beliefs 
and 
practices 
can 
have 
a 
strong 
influence 
on 
a 
person’s 
life and relationships with other people; 

• 
marital 
status 
− 
this 
category 
pertains 
to 
the 
presence 
or 
absence 
of 
marital 
status, the presence of children and other aspects of a person’s family life; 

• 
ethnicity 
− 
nationality 
and 
traditions 
can 
influence 
people’s 
behavior 
and 
attitudes etc. 
As a result, attributes can form an image of corporeality both ‘from the inside’ 
and ‘from the outside’, thereby creating a certain idea of the human body. 

It is important to distinguish concepts such as body and corporeality. The body 
is a kind of physical shell of a person, consisting of organs, tissues, bones and 
muscles; it is a specific material that allows us to perform various functions. In turn, 


Aleksandra Zorina, Ivan Yapryntsev 

corporeality is a broader concept; it refers to a deeper and more internal experience 
associated with the consciousness of the body, both independently by each person 
and collectively by society. Or, to put it another way, it refers to the ways in which we 
manifest ourselves in the world around us through our bodies, as well as the ways 
in which we interact with our body and the outside world. 

Thus, the main difference between the body and corporeality is that the body 
is a physical shell, whereas corporeality is the expression of the subjective and 
objective experiences associated with the body. 

The combination of various characteristics forms a certain image, namely, an idea 
of the subject. 

Attributes of corporality play a key role in the formation of legal relations; for example, 
the protection of corporeality often becomes the basis for guaranteeing individual 
rights and freedoms as well as establishing responsibilities. It can be hypothesized that 
subjectivity is manifested in law through images of corporeality. 

The manifestation of subjectivity through the image of corporeality is carried 
out in several aspects, including the following: 

1. Physical Aspect: corporeality determines our existence in the physical world 
and shapes our experience. The sensations, feelings and perceptions associated with 
our body influence how we interact with our environment and how we perceive 
ourselves as individuals. 
2. Psychological Aspect: corporeality also affects our psychological component. 
Our physical condition, health and sense of comfort have an impact on our emotional 
state, our well-being and ability to function in everyday life. Bodily sensations can 
affect our self-esteem and our mental well-being. 
3. Sociocultural Aspect: cultural standards and societal expectations can influence 
our perception of ourselves. Beauty standards, social roles and norms can all influence 
how we perceive our body and our subjectivity. 
Images of corporeality in law can also be varied and depend on the context 
in which subjectivity is manifested. It is proposed to establish that images of 
corporeality: 

• 
can 
vary 
depending 
on 
the 
space 
in 
which 
the 
body 
is 
located, 
specifically 
private and public corporeality; 

• 
can 
vary 
depending 
on 
the 
quantitative 
criterion, 
primarily 
individual 
and 
collective corporeality. 

1.2. Functional-Activity Approach 
The functional-activity approach to understanding corporeality is predetermined 
by a number of criteria, namely: 

• the field of activity in which the human body is placed; 
• the functional task assigned to such a 
body; and 
• the human body itself, its condition and its characteristics. 

BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

Accordingly, when taken collectively, these criteria represent a system of 
qualitative and quantitative characteristics of the human body, which form an image 
(conceptualization) of the body in a specific situation (in this case, by which we 
mean place and time). 

A few examples of these kinds of images, which differ in terms of the requirements 
placed on them depending on the situation, can be, in particular, the living body in 
the field of labor activity (where such characteristics as age, gender, health status, 
the fact of working ability, etc. will be decisive),1 the human body in the field of 
political activity (in this case, the characteristics of appearance, the method of dying 
and the features of disposal of the body are important2) and the unborn body in 
the field of clinical research (where factors such as method of conception, period of 
development of the embryo and fetus, etc. hold significance3). 

In this regard, it should be noted that situations are also potentially possible in 
which the state of the human body does not correspond to the field of activity in 
which it is placed and, as a result, does not fulfill its functional task. Such a gap in the 
image of corporeality serves as the basis for its assessment from the point of view 
of normality and abnormality. Accordingly, this approach used for the formation of 
images of corporeality in law allows us to assert that corporeality is a complex of 
various characteristics of the human body, which are either: 

• 
desirable 
and 
approved, 
which 
predetermines 
the 
desire 
to 
ensure 
(guarantee) 
such an image within the framework of its normalization; or 

• 
considered 
socially 
unacceptable 
and 
undesirable, 
which 
presupposes 
the 
establishment of a regulatory framework in relation to such images. 
As a result, two distinct regulatory practices are put into place: 

• to correct the images; 
• to prevent their spread. 
Thus, the indicated dichotomy of images of corporeality allows us to identify 
the general framework of their existence, namely the categorization of human 
corporeality into the realms of normality and abnormality. The very characteristics 
of normality and abnormality are prerequisites in exerting normative influence on 
the human body. 

1 See, e.g., Special Rules on the Labour Protection of Female Employees (Jan. 22, 2024), available at 
https://www.hrone.com/blog/special-rules-labor-protection-female-employees-china/. 

2 See Канторович Э.Х. Два тела короля. Исследование по средневековой политической теологии 

[Ernst H. Kantorowicz, Two Bodies of the King: A Study in Medieval Political Theology] (2nd ed. 2015); Пара


вичини Бальяни А. Тело папы [Agostino Paravicini-Bagliani, The Pope’s Body] (2021). 

3 See for more details Попова О.В. Тело как территория технологий: от социальной инженерии к этике 

биотехнологического конструирования: монография [Olga V. Popova, The Body as a Territory of Tech


nology: From Social Engineering to the Ethics of Biotechnological Design: Monograph] 156–222 (2021). 


Aleksandra Zorina, Ivan Yapryntsev 

2. Private and Public Images of Corporeality 
2.1. The Essence of Private and Public Images of Corporeality 
The terms ‘private and public corporeality’ refer to two different spheres of 
a person’s life, in each of which different aspects of that person’s personality and 
behavior are manifested. 

Private corporeality refers to the intimate sphere of a person’s life, when one is 
in settings where there is usually a boundary of privacy, such as at home or among 
close friends and family. The image of private corporeality suggests greater ease 
and frankness. 

Public corporeality, on the contrary, is associated with the public sphere of life, 
when a person is in public settings or interacts with a large number of people, such 
as colleagues, acquaintances or strangers. In public corporality, one is expected to 
exhibit a higher level of presentability, monitor their behavior, conform to societal 
expectations in terms of appearance and abide by certain social norms. That is to 
say, some image of corporeality is clearly developed, to which the subject of legal 
relations must correspond. 

2.2. Legal Regulation of Private and Public Images of Corporeality 
Legal regulation of a person’s private and public corporeality is carried out 
through regulations that define restrictions and requirements regarding behavior 
and expression of corporeality in public and private situations. 

For example, when speaking about family and personal relationships, the presence 
of norms in the administrative4 and criminal5 legislation of the Russian Federation on 
domestic violence results in the state’s creation of a certain image of a family person 
who should, ideally speaking, not use physical force against a partner. 

Similar tendencies towards forming an image of private corporeality can be seen 
in other BRICS countries. This is confirmed by the collection of legal regulations that 
can be found in the BRICS countries (see Table 1 below). For instance, the model of 
formation of the image of corporeality in India within the framework of the presented 
regulation is particularly interesting since the regulation is mainly aimed at women, 
thereby creating the image of a man commonly causing harm to a woman. 

4 See Кодекс Российской Федерации об административных правонарушениях от 30 декабря 2001 г. 

№ 195-ФЗ // Российская газета. 2001. № 256 [Code of the Russian Federation on Administrative Offens


es No. 195-FZ of 30 December 2001, Rossiyskaya Gazeta, 2001, No. 256], Art. 6.1.1. 

5 See Уголовный кодекс Российской Федерации от 13 июня 1996 г. № 63-ФЗ // Собрание законода


тельства РФ. 1996. № 25. Ст. 2954 [Criminal Code of the Russian Federation No. 63-FZ of 13 June 1996, 

Collection of Legislation of the Russian Federation, 1996, No. 25, Art. 2954], Arts. 116.1, 115. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

Table 1: Legal Regulations Governing Images of Corporeality 
in the BRICS Countries 

Brazil Russia India China South Africa 
1. Domestic 
Violence Law 
2006 (Law 
11.340/2006)6 
2. Update 
of Rape crimes 
in the Criminal 
Code (Law 
12.015/2009)7 
3. Feminicide 
Law of 2015 (Law 
13.104/2015)8 
1. Code of 
Administrative 
Offenses of 
the Russian 
Federation 
2. Criminal Code 
of the Russian 
Federation 
1. The Protection 
of Women 
From Domestic 
Violence Act, 
20059 
2. The Indian 
Penal Code, 
186010 
3. The 
Criminal Law 
(Amendment) 
Act 201311 
1. Constitution 
of the People’s 
Republic of 
China12 
2. Chinese Civil 
Code: Book 
V Marriage and 
Family13 
3. Law of the 
People’s Republic 
of China “On 
Combating 
Domestic 
Violence”14 
4. Criminal Code 
of the People’s 
Republic of 
China15 
1. The Domestic 
Violence Act 116 
of 199816 
2. The Criminal 
Law (Sexual 
Offences and 
Related Matters) 
Amendment Act 
32 of 200717 
3. The Protection 
from Harassment 
Act 17 of 201118 

6 Law 11340 (The Maria da Penha Law) (Jan. 22, 2024), available at https://evaw-global-database.unwomen.org/en/ 
countries/americas/brazil/2006/law-11340-the-maria-da-penha-law-of-7-august-2006. 

7 Law 12.015/2009 (Jan. 22, 2024), available at https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l12015.htm. 

8 Law 13.104/2015 (Jan. 22, 2024), available at http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2015/lei/L13104.htm. 

9 The Protection of Women from Domestic Violence Act (2005) (Jan. 22, 2024), available at https://lddashboard.legislative.
gov.in/sites/default/files/A2005-43.pdf. 

10 IPC (The Indian Penal Code), Central Act XLV of 1860, The Acts of the Legislative Council of India of 1861, with an 
Analytical Abstract Prefixed to Each Act, Vol. 5, Calcutta 129–266 (1862). 

11 The Criminal Law (Amendment) Act (2013) (Jan. 22, 2024), available at http://www.ycce.edu/ admin/pdf/Anti-rape_ 
bill_2013.pdf. 

12中华人民共和国宪法（2018年修订 [ 
Constitution of the People’s Republic of China (revised in 2018)] (Jan. 22, 2024), 
available at https://www.gov.cn/guoqing/2018-03/22/content_5276318.htm. 

13 Civil Code of the People’s Republic of China (adopted at the 3rd session of the Standing Committee of the Thirteenth 
National People’s Congress of the People’s Republic of China, 28 May 2020, promulgated by Decree of the Chairman 
of the People’s Republic of China of 28 May 2020, No. 45, entered into force 1 January 2021) (Jan. 22, 2024), available 
at http://www.npc.gov.cn. 

14 Lawof the People’s Republic of China of 1 March 2016 “On Combating Domestic Violence”(adopted at the 18thsession of the 
Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China, 27 December 2015, promulgated 
by Decree of the Chairman of the People’s Republic of China of 27 December 2012, No. 37, entered into effect 1 
March 2016) (Jan. 22, 2024), available at http://www.npc.gov.cn. 

15 Criminal Code of the People’s Republic of China (adopted at the 2nd session of the National People’s Congress of the 
People’s Republic of China by the fifth convocation on 1 July 1979, promulgated by Decree of the Chairman of the 
People’s Republic of China No. 5 of 1 July 1979, entered into force of 1 January 1980, as amended and additional) 
(Jan. 22, 2024), available at http://www.npc.gov.cn. 

16 Domestic Violence Act 116 (1998) (Jan. 22, 2024), available at https://www.gov.za/documents/domestic-violence-act. 

17 Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 (2007) (Jan. 22, 2024), available at https://www. 
gov.za/documents/criminal-law-sexual-offences-and-related-matters-amendment-act. 

18 The Protection from Harassment Act 17 (2011) (Jan. 22, 2024), available at https://www.ilo.org/dyn/natlex/docs/ 
ELECTRONIC/89625/103005/F-201816747/ZAF89625.pdf. 


Aleksandra Zorina, Ivan Yapryntsev 

In the same vein, by introducing amendments to the Constitution of the Russian 
Federation clarifying that marriage is a union of a man and a woman,19 the state creates 
an image of the corporeality of the spouses as a man and a woman. It is worth noting 
that in cases where we are talking about marriage as a social institution, the image of 
the spouses’ corporeality ceases to be exclusively private and becomes public. 

Within the framework of this issue, the situation of the system of legal regulation 
in BRICS of the private image of corporeality is quite different (see Table 2 below). 
Thus, in Brazil and South Africa, same-sex marriage is legalized, unlike in Russia, India 
and China; accordingly, there exist different ideas about the formation of a unified 
image of private corporeality in the context of public one. 

Table 2: Laws Governing the Private Corporeality of Same-Sex Marriages 
in the BRICS Countries 

Brazil Russia India China South Africa 
Legalization 
of same-sex 
marriage: 
decision from 
the National 
Justice Council 
Spouses – 
husband and 
wife: The 
Constitution 
of the Russian 
Federation 
India does not 
recognize samesex 
marriages 
or civil unions. 
There is no 
uniform marriage 
law in India 
Spouses – 
Husband and 
Wife: The 
Constitution 
of the People’s 
Republic of 
China20 
Legalization 
of same-sex 
marriage: Civil 
Unions Act 
200621 

The norm banning gender reassignment in the Russian Federation22 also creates 
an image of private corporeality, which can be understood as an awareness of oneself 
exclusively in the gender that was present at birth, whereby individuals are expected 
to ideally, identify solely with the gender assigned to them at birth. The practice of 
gender reassignment in Russia imposes certain restrictions on citizens who have 
already changed their gender, for example, a ban on the adoption of children. 
Additionally, one of the consequences of gender reassignment is the annulment 
of marriages concluded by such citizens. However, this situation is not universal 
for all countries; examples of the formation of images of private corporeality in the 

19 See Конституция Российской Федерации (принята всенародным голосованием 12 декабря 1993 г. 
с изменениями, одобренными в ходе общероссийского голосования 1 июля 2020 г.) // Официальный 
интернет-портал правовой информации [Constitution of the Russian Federation, adopted by popular 
vote, 12 December 1993 with amendments approved during the all-Russian vote, 1 July 2020, Official Internet 
Portal of Legal Information], Art. 72, cl. “zh1” (Jan. 22, 2024), available at http://www.pravo.gov.ru. 

20 Constitution of the People’s Republic of China, supra note 12. 

21 Civil Unions Act (2006) (Jan. 22, 2024), available at https://www.gov.za/sites/default/files/gcis_ 
document/201409/a17-061.pdf. 

22 See Федеральный закон от 21 ноября 2011 г. № 323-ФЗ «Об основах охраны здоровья граждан в Российской 
Федерации» // Собрание законодательства РФ. 2011. № 48. Ст. 6724 [Federal Law No. 323-FZ of 21 
November 2011 (as amended 24 July 2023). On the Fundamentals of Protecting the Health of Citizens in the 
Russian Federation, Collection of Legislation of the Russian Federation, 2011, No. 48, Art. 6724], Art. 45.1. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

context of the public sphere as viewed through the prism of recognizing the desire 
for gender reassignment are provided in Table 3 below. 

Table 3: Gender Reassignment Rights in the BRICS Countries 

Brazil Russia India China South Africa 
Legal, surgery 
not required23 
Illegal, 
prohibition 
of gender 
reassignment, 
apart from 
medical 
intervention24 
Legal, surgery 
not required25 
Legal, but 
requires 
26 surgery 
Legal, surgery 
not required27 

When speaking about the situation in modern Russia, it is proposed to hypothesize 
that the formation of images of private corporeality is determined by both 
public interests and the images of public corporeality. For instance, in the process of 
“disposing of the body” to form one’s corporeality, private and public interests both 
come into the balance, which, for example, are manifested in the following question: 
is a person free to perform any actions with the body? Does this include any actions at 
all that are intended to shape his corporeality as he perceives himself? A.Sh. Tkhostov 
notedin hiswork that“theanswerto thequestion,whatisMy body,on the onehand, 
seems self-evident, since everyone can quite consistently determine what is ‘my body’ 
and what is not. But, on the other hand, when trying to do this, I immediately encounter 
rather difficult questions. How will I determine what belongs to me and what belongs 
to the world?”28 Thus, despite the fact that a person is endowed with various rights and 
guarantees for the formation of corporeality, which is also manifested in the disposal 
of his body, the state still intervenes in this area by imposing restrictions such as, for 

23 In March 2018, Brazil’s Supreme Court ruled that transgender people have the right to change their 
name and gender on their birth certificate without the need for gender reassignment surgery or seeing 
a doctor. The change can be made now at the notary’s office. 

24 Federal Law No. 323-FZ, supra note 22. 

25 The Transgender Persons (Protection of Rights) Act (2019) (Jan. 22, 2024), available at https://www. 
indiacode.nic.in/bitstream/123456789/13091/1/a2019-40.pdf. 

26 There are two regulations from the Ministry of Public Security providing guidance to local departments for 
managing the process of changing gender markers. These two regulations, the Reply to Questions Concerning 
the Alteration of Assigned Sex on Household Registration for Citizens Following Sex Change (MPS 
Ordinance No. 478 (2008)) and the Ministry of Public Security Reply to Questions Concerning the Alteration 
of Assigned Sex on Household Registration for Citizens Following Sex Change Surgery (MPS Ordinance 
No. 131 (2002)), require transgender people to submit the following documentation after undergoing 
GAS procedures to formally apply for changing the gender marker on official documentation. 

27 The Alteration of Sex Description and Sex Status Act (2003) (Jan. 22, 2024), available at https://www. 
gov.za/documents/alteration-sex-description-and-sex-status-act. 

28 Тхостов А.Ш. Психология телесности [Alexander Sh. Tkhostov, Psychology of Corporeality] 78 (2002). 


Aleksandra Zorina, Ivan Yapryntsev 

example, a ban on prostitution as an organization and occupation,29 restrictions on 
the duration of pregnancy that limits a woman’s will to have an abortion,30 suicide is 
not considered a “norm of behavior,” since attempted suicide is one of the grounds 
for involuntary hospitalization in a psychiatric hospital.31 Additionally, it is possible 
that upon release, such a citizen may be subject to medical restrictions in the form of 
a prohibition from driving32 along with a number of restrictions on employment.33 

When talking about the public and private distinction in relation to corporeality, 
it is important to consider the spatial requirements of privacy, such as an apartment 
or a public place; for instance, the case of a kissing couple. The use of the body to 
make such a choice does not change depending on the location. This is a private 
action, whether it takes place in a private space or not. However, not every action that 
occurs in a private space will be considered private in nature; for example, the choice 
of one person to satisfy sexual needs against the will of another person becomes 
the subject of criminal law34 and is a matter of private-public prosecution.35 

29 See Criminal Code of the Russian Federation, supra note 5, Art. 241. 

30 See Federal Law No. 323-FZ, supra note 22, Art. 56. 

31 See Закон Российской Федерации от 2 июля 1992 г. № 3185-I «О психиатрической помощи и гарантиях 
прав граждан при ее оказании» // Ведомости СНД и ВС РФ. 1992. № 33. Ст. 1913 [Law of the 
Russian Federation No. 3185-I of 2 July 1992. On Psychiatric Care and Guarantees of the Rights of Citizens 
during its Provision, Gazette of the Congress of People’s Deputies of the Russian Federation and 
the Supreme Council of the Russian Federation, 1992, No. 33, Art. 1913], Art. 29. 

32 See Постановление Правительства Российской Федерации от 29 декабря 2014 г. № 1604 «О перечнях 
медицинских противопоказаний, медицинских показаний и медицинских ограничений 
к управлению транспортным средством» // Собрание законодательства РФ. 2015. № 2. Ст. 506 
[Decree of the Government of the Russian Federation No. 1604 of 29 December 2014. On the Lists of 
Medical Contraindications, Medical Indications and Medical Restrictions for Driving a Vehicle, Collection 
of Legislation of the Russian Federation, 2015, No. 2, Art. 506]. 

33 See Приложение № 2. Перечень медицинских противопоказаний к работам с вредными и (или) опасными 
производственными факторами, а также работам, при выполнении которых проводятся обязательные 
предварительные и периодические медицинские осмотры Приказа Министерства здравоохранения 
Российской Федерации от 28 января 2021 г. № 29н «Об утверждении Порядка проведения 
обязательных предварительных и периодических медицинских осмотров работников, предусмотренных 
частью четвертой статьи 213 Трудового кодекса Российской Федерации, перечня медицинских 
противопоказаний к осуществлению работ с вредными и (или) опасными производственными 
факторами, а также работам, при выполнении которых проводятся обязательные предварительные 
и периодические медицинские осмотры» // Официальный интернет-портал правовой информации 
[Appendix No. 2. List of Medical Contraindications for Work with Harmful and (or) Hazardous Production 
Factors, as Well as Work during Which Mandatory Preliminary and Periodic Medical Examinations Are Carried 
Out Order of the Ministry of Health of the Russian Federation, “On Approval of the Procedure for Conducting 
Mandatory Preliminary and Periodic Medical Examinations”Examinations ofWorkers Provided for 
in Part 4 of Article 213 of the Labor Code of the Russian Federation, the List of Medical Contraindications 
for Carrying out Work with Harmful and (or) Hazardous Production Factors, as Well as Work during Which 
Mandatory Preliminary and Periodic Medical Examinations Are Carried Out, No. 29n of 28 January 2021, 
Official Internet Portal of Legal Information] (Jan. 22, 2024), available at http://pravo.gov.ru. 

34 See Criminal Code of the Russian Federation, supra note 5, Arts. 131, 132. 

35 See Уголовно-процессуальный кодекс Российской Федерации от 18 декабря 2001 г. № 174-ФЗ // 
Собрание законодательства РФ. 2001. № 52 (ч. 1). Ст. 4921 [Criminal Procedure Code of the Rus



BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

Thus, despite the presence of images of private corporeality, images of public 
corporeality have priority since the formation of images of private corporeality occurs 
through the prism of the formation of images of public corporeality in order to 
correspond to a certain image. This is due to the influence of the state on the formation 
and control of social norms and corresponding standards of behavior. Legal norms have 
the power to influence individuals and society as a whole to conform to a certain image 
and norms of public corporeality. This may be related to political, social, economic or 
cultural aspects. As people strive to conform to certain patterns or standards set by the 
state, private corporeality may be influenced by public interests and demands. 

3. Individual and Collective Images of Corporeality 
3.1. The Essence of Individual and Collective Images of Corporeality 
The image of individual corporeality in law refers to the legal status of an individual. 
This means that every person is an independent subject of the law, endowed with 
certain subjective rights and corresponding obligations. The image of individual 
corporeality includes rights such as the right to life, liberty, property, dignity, personal 
integrity among other rights. 

The collective body, on the other hand, refers to groups of people or organizations 
that can be recognized as legal subjects.This may include entities such as corporations, 
public organizations, government agencies, labor unions and other groups that have 
united to achieve common goals or have common legal interests. The “collective 
body” in the field of law also has its own set of rights, duties and responsibilities. 

Images of individual and collective corporeality are important concepts in law 
that help define legal status and form the basis for the protection and application 
of legal rules to individuals and groups. 

An interesting collective subject to consider is “people.” 

According to J. Agamben, the semantics of the word “people” in European 
languages has a dichotomy (such as “populus” in Latin, “popolo” in Italian, “peuple” 
in French, ‘pueblo’ n Spanish and “people” in English). On the one hand, it describes 
the unified integrity of the people as a political body. On the other hand, it describes 
individual bodies that are a fragmented multitude of people.36 The people give 
legitimacy to government bodies through elections and delegation of their powers. 
However, the people have the opportunity to withdraw their support not only 
through elections but also through street protests that express their collective body. 
Public authorities do not want such expressions of collective corporeality but are 
not able to completely neutralize, subjugate or destroy them since the source of 
legitimacy stems from the people themselves. 

sian Federation No. 174-FZ of 18 December 2001, Collection of Legislation of the Russian Federation, 
2001, No. 52 (part 1), Art. 4921], Art. 20. 

36 Агамбен Дж. Средства без цели [Giorgio Agamben, Means Without Ends] 38 (2015). 


Aleksandra Zorina, Ivan Yapryntsev 

Another interesting object of study for the analysis of collective corporeality is 
society. Society, as a form of collective corporeality in law, is a collection of people 
who unite into social groups and form legal relations between themselves and with 
the state. Society is commonly regarded as a single whole, having its own rights 
and obligations towards both the state and other members of society. The legal 
regulation of collective corporeality is aimed at protecting the interests of society 
as a whole, including ensuring social protection, establishing rules of behavior and 
moral standards and regulating economic and political relations. As part of the legal 
regulation of collective corporeality, the state acts as a guarantor of the protection 
of the rights and freedoms of all members of society and ensures compliance with 
laws and regulations. 

Individual corporeality and collective corporeality have a mutually influencing 
effect. The characteristics, legal status and activities of each individual subject 
have a direct impact on the formation and functioning of the image of collective 
corporeality. 

Images of individual corporeality, being an independent element of society, can 
influence images of collective corporeality through their actions, choices, decisions 
and participation in various legal processes. In this way, individual actors contribute 
to the formation of collective norms, values and legal standards. 

On the other hand, formerly established images of collective corporeality have 
the ability to influence images of individual corporeality through legal norms, 
culture, political structure and social obligations. This can happen through the 
establishment and regulation of the rights and responsibilities of citizens, as well 
as through providing opportunities for participation in decision-making and the 
formulation of legislation. 

Moreover, the image of collective corporeality can influence the image of the 
individual by disciplining it, censuring it or simply not accepting it into the collective 
corporeality because individual corporeality differs from the generally accepted and 
established image of collective corporeality. It is possible to highlight the dominant 
position of collective spaces in various cultural and historical eras. For example, 
the agora and theater in ancient Greece, the gladiatorial circus, the baths and the 
Senate square in Rome, the temple and mysteries in the Middle Ages, the market 
and carnival squares and streets in the Renaissance, as well as a variety of discipline 
spaces, including barracks, manufactories and factories, in addition to places of 
punishment and isolation, such as hard labor, prison, psychiatric hospitals and 
insane asylums in modern times.37 All of these places, in their respective eras, played 
a key role in the formation of collective corporeality, using a variety of methods to 
influence individual corporeality. 

37 Корецкая М.А. Народ как носитель суверенности и границы политической теологии // Социоди


намика. 2019. № 1. С. 11 [Marina A. Koretskaya, The People as a Bearer of Sovereignty and the Bound


aries of Political Theology, 1(11) Sociodynamics 10, 11 (2019)]. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

3.2. Legal Regulation of Individual and Collective Images of Corporeality 
Moving on to this section, it seems necessary to put forward the hypothesis that 
the legal regulation of the formation of images of individual corporeality is secondary 
in relation to the collective body, as well as in private and public corporeality. This is 
because all regulation is aimed at creating a certain image of corporeality that would fit 
into the collective image. At this stage, it is worth clarifying that the above-mentioned 
hypothesis is not universal for all situations; this relationship may change. As an example, 
let us examine the situation of modern Russia within the context of this study. 

In the Russian Federation, tobacco smoking is prohibited in various places, including 
cafes, playgrounds, public transport, metros, train stations and outdoor areas at 
a distance of less than fifteen meters from metro and train station entrances, as well as 
in the public areas of apartment buildings.38 This prohibition is due to the formation of an 
image of“healthy individual”corporeality, which subsequently influences the formation 
of an image of healthy collective corporeality. Tobacco smoke may be inhaled by nonsmokers, 
which can be harmful to their health. For this reason, smoking is allowed only 
in specially designated areas, which must be located away from residential buildings and 
large crowds of people. In general, the trend in the formation of this type of individual 
corporeality through collective corporeality can be traced in all of the BRICS countries 
(see Table 4 below). 

Table 4: A Comparison of Smoking Regulations 
in Public Places across the BRICS Countries 

Brazil Russia India China South Africa 
Smoking is 
prohibited in 
public places39 
Smoking is 
prohibited in 
public places 
Smoking is 
prohibited in 
public places 
Smoking is 
prohibited in 
public enclosed 
places40 
Smoking is 
prohibited in 
public places41 

Demography42 is an important national priority of the state of the Russian Federation. 
In order to form a certain image of collective corporeality, it is necessary to 

38 Федеральный закон от 23 февраля 2013 г. № 15-ФЗ «Об охране здоровья граждан от воздействия 
окружающего табачного дыма и последствий потребления табака» // Собрание законодательства 
РФ. 2013. № 8. Ст. 721 [Federal Law No. 15-FZ of 23 February 2013. On Protecting the Health of 
Citizens from the Effects of Environmental Tobacco Smoke and the Consequences of Tobacco Consumption, 
Collection of Legislation of the Russian Federation, 2013, No. 8, Art. 721]. 

39 Tobacco Control Law (Jan. 22, 2024), available at https://www.tobaccocontrollaws.org/legislation/india. 

40 Tobacco Control Law (Jan. 22, 2024), available at https://www.tobaccocontrollaws.org/legislation/ 
china#:~:text=Smoke%20Free%20Places,such%20as%20long%2Ddistance%20transport. 

41 The Tobacco Products Control Act 83 (1993) (Jan. 22, 2024), available at https://www.gov.za/ 
documents/tobacco-products-control-act. 

42 Указ Президента Российской Федерации от 7 мая 2018 г № 204 «О национальных целях и стратегических 
задачах развития Российской Федерации на период до 2024 года» // Собрание зако



Aleksandra Zorina, Ivan Yapryntsev 

create an image of individual corporeality. This is accomplished through a variety 
of legal mechanisms, such as providing financial support for families at the birth of 
children, including the provision of maternity capital; increasing the affordability of 
housing for families with children; and maintaining the reproductive health of the 
population (by increasing the availability and quality of medical care for women 
during pregnancy and childbirth, as well as for newborn children and increasing the 
efficiency of in vitro fertilization technology).43 In this way, such norms encourage 
people to procreate, and therefore, to form their corporeality with the subsequent 
reproduction of the genotype. Moreover, the state introduces certain restrictions and 
prohibitions, which also affect the formation of individual corporeality. For example, 
artificial termination of pregnancy at the request of a woman is permitted only up to 
twelve weeks44 of pregnancy and the circulation of drugs used for abortion is strictly 
regulated.45 These kinds of norms are determined, among other things, by concern 
for the health of each person, but they are also aimed at creating a unified image 
of individual corporeality. 

In addition to the fact that issues pertaining to a person’s reproductive choice 
have become normalized, these topics are also the subject of discussion concerning 
collective corporeality. When a person makes the conscious choice to form an image 
of corporeality without reproducing children, then that image does not coincide 
with the existing and generally recognized image of others, which leads to nonacceptance 
of such a subject by the collective body. That is, the image of individual 
corporeality becomes the object of evaluation for collective corporeality. Evaluation 
is often based on adherence to instructions provided by superiors, observance of 
traditions and practices, fulfillment of health criteria, etc. In cases of non-compliance, 
social sanctions aimed at normalizing behavior may be applied to the person. It is 
important to note that such sanctions are not always physical; moral condemnation 
or expressions of disapproval can also act as sanctions. Moreover, often the people 

нодательства РФ. 2018. № 20. Ст. 2817 [Decree of the President of the Russian Federation No. 204 of 
7 May 2018. On National Goals and Strategic Objectives of the Development of the Russian Federation 
for the Period until 2024, Collection of Legislation of the Russian Federation, Collection of Legislation of 
the Russian Federation, 2018, No. 20, Art. 2817]; Указ Президента Российской Федерации от 21 июля 
2020 г. № 474 «О национальных целях развития Российской Федерации на период до 2030 года» // 
Собрание законодательства РФ. 2020. № 30. Ст. 4884 [Decree of the President of the Russian Federation 
No. 474 of 21 July 2020. On the National Development Goals of the Russian Federation for the Period 
until 2030, Collection of Legislation of the Russian Federation, 2020, No. 30, Art. 4884]. 

43 «Основные направления бюджетной, налоговой и таможенно-тарифной политики на 2023 год 
и на плановый период 2024 и 2025 годов» (утв. Минфином России) [The Main Directions of Budget, 
Tax and Customs Tariff Policy for 2023 and for the Planning Period of 2024 and 2025 (approved 
by the Ministry of Finance of Russia)]. 

44 Federal Law No. 323-FZ, supra note 22. 

45 Приказ Министерства здравоохранения Российской Федерации от 1 сентября 2023 г. № 459н 
[Order of the Ministry of Health of the Russian Federation No. 459n of 1 September 2023] (Jan. 22, 
2024), available at https://www.consultant.ru. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

themselves understand the rationale behind the sanctions that were applied to them 
because of their familiarity with the norms and traditions of their society. 

4. Normality versus Abnormality in Images of Corporeality 
The idea of normality as a conceptual framework for understanding the 
characteristics of the human body is not completely new to the fields of social 
sciences and humanities. In this particular case, we should talk about the ideas of M. 
Foucault, who studied both the manifestation of abnormality and the corresponding 
reactions on the part of society and the state to its existence and manifestation,46 as 
well as various kinds of disciplinary practices of normalization affecting the human 
body;47 and the approaches of J. Agamben, who considered the existence of the 
human body in the abnormal conditions of a concentration camp48 etc. 

In order to fully grasp the problem of images of corporeality through this prism, 
it would be prudent to state that normality and abnormality should be considered 
through the prism of assessing the human body from the perspective of both 
internal and external actors (including, first of all, society, the state, as well as other 
social institutes). In this sense, normality as such reflects the state of the human 
body, which is perceived socially (and in certain cases personally) as desirable and 
recognized as necessary, that is, acts as a certain social convention. 

The opposite situation, in which the state of a person’s body deviates from the 
generally accepted framework and is not recognized by surrounding subjects as 
necessary and desirable for the person himself and society, is associated with an 
abnormality of corporeality. 49 

At the same time, it should be noted that the very characteristic of normality and 
abnormality of corporeality, depending on a specific situation (such as, the field of 
activity, functions assigned to the human body and its overall condition) is the basis 
for the legal subjectivity of an individual. 

The described general framework for the formation of images of corporeality in 
the context of their normality and abnormality was used to determine the fork in 
the path of these kinds of images in the current legal regulation. 

46 Фуко М. Ненормальные. Курс лекций, прочитанных в Коллеж де Франс в 1974–1975 учебном году 
[Michel Foucault, Abnormal: A Course of Lectures Given at the Collège de France in the 1974−1975] (2005). 

47 Фуко М. Надзирать и наказывать. Рождение тюрьмы [Michel Foucault, Discipline & Punish: The Birth 
of the Prison] 7–42, 165–207 etc. (2022). 

48 Агамбен Дж. Homo Sacer. Суверенная власть и голая жизнь [Giorgio Agamben, Homo Sacer: Sovereign 
Power and Bare Life] 151–239 (2011). 

49 As a digression, we note that the state of abnormality can also be associated with a socially approved 
deviation from the image of a normal body. 


Aleksandra Zorina, Ivan Yapryntsev 

4.1. Division in the Images of Corporeality through the Prism of Normality and 
Abnormality 
Keeping in mind the above-discussed framework of the images of corporeality, 
perceived through the prism of the characteristics of the body as either normal or 
abnormal, it is permissible to talk about the following images of human corporeality 
existing in law. 

4.1.1. Healthy Body and Sick Body 
Health as a criterion in the formation of corporeality is used in legal regulation 
both at the international50 and national levels.51 Attention paid by society and the 
state to ensuring and reproducing healthy bodies is associated with ensuring public 
interests in preserving the population. Thus, in particular, in the People’s Republic of 
China (PRC), the current program regulations and legal acts consider the problem 
of health promotion at the national level as one of the main directions of state 
development.52 

The issue of determining the degree of health of a particular person is associated 
with the need for a normative definition of the criteria for a healthy body and a sick 
body, which in this case is considered as abnormal.53 This means establishing the 
need to have certain criteria for classifying a body as healthy or sick and, as a result, 
including appropriate regulatory practices to bring it to the desired state, that of 
a “healthy body.” 

50 In particular, the Charter of the World Health Organization establishes that health is a state of complete 
physical, mental and social well-being and not just the absence of disease and physical defects. 
See Charter (Constitution) of the World Health Organization (WHO) (adopted in New York on 22 July 
1946), Official Documents of the World Health Organization, No. 2, p. 100. 

51 Federal Law No. 323-FZ, supra note 22; Национальная программа семейного здоровья – Стратегия 
семейного здоровья [National Family Health Program – Family Health Strategy] (Jan. 22, 2024), 
available at https://www.gov.br/saude/pt-br/acesso-a-informacao/acoes-e-programas/estrategiasaude-
da-familia; Стратегия «Здоровый Китай 2030», отражающий основные направления развития 
сферы здравоохранения [The Healthy China 2030 Strategy, Reflecting the Main Directions of 
Development of the Healthcare Sector]. See also A. Elyar Najmehchi, China’s Healthcare Sector Promising 
for 2020 and Beyond, China Daily, 25 December 2019 (Jan. 22, 2024), available at https://www. 
chinadaily.com.cn/a/201912/25/WS5e02bfeaa310cf3e35580799.html etc. 

52 See Guilhem Fabre, The Chinese Healthcare Challenge: Comment on ‘Shanghai Rising: Avoidable Mortality 
as Measured by Avoidable Mortality Since 2000’, 4(3) Int. J. Health Pol’y Mgmt. 195 (2015). 

53 In this case, it is necessary to clarify the fact that the patient’s body is classified as a manifestation of 
abnormal physicality. The presence of a particular disease is perceived as a situation that goes beyond 
the normal, in the sense that the disease itself is not perceived as normal. At the same time, when 
corporeality is understood as the basis of legal personality, the sick body can be normatively considered 
normal, that is, as a basis for extending appropriate regulation to the bearer of such a body. See, 
for e.g., the social program Bolsa Família, which aims to support low-income families if their children 
attend school and are vaccinated. See also Fábio V. Soares et al., Evaluating the Impact of Brazil’s Bolsa 
Família: Cash Transfer Programs in Comparative Perspective, 45(2) Latin Am. Res. Rev. 173 (2008). 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

This approach is confirmed by existing regulatory requirements for the diagnosis 
and treatment of coronavirus infection (COVID-19),54 as well as regulations that apply 
to individuals with certain diseases.55 

4.1.2. Male Body and Female Body 
In this case, the gender division of corporeality does not act as the attribution of 
a particular body to the image of normal or abnormal (although there are certain 
situations, bearing in mind the time and location of the body, in which a male 
body or a female body was considered normal or abnormal solely based on their 
gender56). 

It should be noted that the image of normal corporeality in this situation is 
predetermined by the biology of gender, while the image of abnormal corporeality is 
associated with the desire to change this state of the human body through external 
influences, thus classifying gender change as deviant behavior and an abnormality 
in the sphere of corporeality. 

One recent example that confirms the presence of an appropriate image of 
corporeality in law is the normative regulation of gender reassignment issues. Thus, 
in particular, in the Russian Federation, the most recent regulatory decisions have 
established a ban on gender reassignment.57 However, it is important to note that 
this ban does not apply to cases in which sex reassignment does not include medical 
interventions related to the treatment of congenital anomalies (developmental 
defects) or genetic and endocrine diseases that affect the formation of the genital 
organs in children, since such cases, in the absence of the necessary treatment, are 
associated with a risk to the health of the unborn child and mother. 

Setting aside the assessment of the validity and appropriateness of the 
corresponding regulation, which is beyond the scope of this study, we note that 

54 See Временные методические рекомендации «Профилактика, диагностика и лечение новой 
коронавирусной инфекции (COVID-19)» (версия 17 от 14 декабря 2022 г.) (утв. Министерством 
здравоохранения Российской Федерации) [Temporary Guidelines Prevention, Diagnosis and Treatment 
of New Coronavirus Infection (COVID-19) version 17 (14 December 2022) (approved by the Ministry 
of Health of the Russian Federation)] (Jan. 22, 2024), available at https://static-0.minzdrav.gov. 
ru/system/attachments/attaches/000/061/253/original/ВМР_short_V17.pdf. 

55 See, for e.g., Law No. 9.313 of 13 November 1996. On Free Medicines for the Treatment of HIV/AIDS 
(Jan. 22, 2024), available at https://www.planalto.gov.br/ccivil_03/leis/l9313.htm. 

56 An example is restrictions in the sphere of labor activity, when women are not allowed to perform 
certain labor functions. See Order of the Ministry of Labor and Social Protection of the Russian Federation 
No. 512n of 18 July 2019. On Approval of the List of Industries, Works and Positions with Harmful 
and (or) Dangerous Working Conditions in Which the Use of Women’s Labor is Limited (Jan. 22, 
2024), available at https://www.consultant.ru. Similar regulations apply in China. See Special Rules 
on the Labour Protection of Female Employees (Jan. 22, 2024), available at https://www.hrone.com/ 
blog/special-rules-labor-protection-female-employees-china/. 

57 See Federal Law No. 323-FZ, supra note 22, Art. 45.1. 


Aleksandra Zorina, Ivan Yapryntsev 

this approach is symptomatic from the point of view of assessing whether or not 
corporeality in this plane is normal or abnormal.58 

At the same time, the intensification of the biotechnological component in itself 
in this area, namely the development of various options for achieving the desired 
result, implies that law as a regulator of social relations needs to pay more attention 
to this field. This allows us to draw the conclusion that the regulation of the problem 
under consideration is dynamic. 

Speaking about the regulation of this area of public relations in the BRICS 
countries, it should be noted that in Brazil, India and China, the possibility of gender 
reassignment itself is not subject to a regulatory ban. Moreover, in the PRC, such 
a change in corporeality is associated with the need for surgical intervention,59 which 
is the basis for altering the official public records of an individual and is carried out 
only when there are appropriate grounds for such changes.60 

4.1.3. Reproductive Body and Non-Reproductive Body 
Another image of corporeality that is regulated in the modern world is also 
associated with the characteristics of the reproductive function of the body. In this 
case, we should talk about the reproductive body and the non-reproductive body. 
The distinction between the two is based on the inherent biological function of the 
body to reproduce its own genotype and procreate. 

From the point of view of ensuring public (and often private) interests, the typical 
image of corporeality is that of the reproductive body. This is confirmed by the 
establishment of appropriate benefits and the implementation of suitable incentives 
aimed at encouraging fertility (examples in this case include maternity capital,61 
preferential mortgages,62 etc.). 

58 In this regard, one should pay attention to the very formal legal logic of the legislator in the Russian 
Federation, in which the ban on gender reassignment is considered an independent organizational 
form of protecting the health of citizens since it is included in the corresponding chapter of 
the federal law. 

59 The data is based on the website, https://www.equaldex.com/. 

60 See Sex Reassignment Procedural Management Standards (Jan. 22, 2024), available at https://database.
ilga.org/china-lgbti. 

61 See Федеральный закон от 29 декабря 2006 г. № 256-ФЗ «О дополнительных мерах государственной 
поддержки семей, имеющих детей» // Собрание законодательства РФ. 2007. № 1 (ч. 1). Ст. 19 
[Federal Law No. 256-FZ of 29 December 2006. On Additional Measures of State Support for Families 
with Children, Collection of Legislation of the Russian Federation, 2007, No. 1 (part 1), Art. 19]. 

62 Федеральный закон от 3 июля 2019 г. № 157-ФЗ «О мерах государственной поддержки семей, 
имеющих детей, в части погашения обязательств по ипотечным жилищным кредитам (займам) 
и о внесении изменений в статью 13.2 Федерального закона «Об актах гражданского состояния
»» // Собрание законодательства РФ. 2019. № 27. Ст. 3522 [Federal Law No. 157-FZ of 3 July 2019. 
On Measures of State Support for Families with Children in Terms of Repaying Obligations on Mortgage 
Housing Loans (loans) and on Amendments to Article 13.2 of the Federal Law “On Civil Status 
Acts,” Collection of Legislation of the Russian Federation, 2019, No. 27, Art. 3522]. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

Similar legal regulation aimed at regulating issues of birth planning is present in all of 
the BRICS countries, in particular in the PRC, where special policies aimed at encouraging 
childbearing at the appropriate age have been established, along with special rules 
designed to encourage and provide social security to pregnant women.63 

In this regard, the image of a non-reproductive body, assessed as abnormal, is 
associated with corresponding restrictions, encompassing both those that are already 
existing (for example, restrictions on abortifacients, support for the development of 
assisted reproductive technologies, etc.) and those that are being actively discussed in 
some parts of society (such as a complete ban on abortion, childlessness tax, etc.).64 

At the same time, in a certain sociocultural context, the image of non-reproducing 
corporeality can be perceived as corresponding to the accepted norm. For example, 
India has made specific commitments through the Family Planning 2030 initiative65 
to achieve a total fertility rate of 2.1 percent, which is the level needed to maintain 
the global population at current levels. These obligations involve various forms of 
fertility and family planning measures (such as increasing the population’s access 
to preventive pregnancy methods, disseminating new contraceptive technologies, 
popularizing behavioral models associated with reducing the birth rate, etc.). 

In addition, it should be noted that there may be certain gaps between the 
existing normative regulations of corporeality in the context of its perception, such 
as in relation to reproduction and social practices deeply rooted in certain fields of 
activity. In particular, the reproductive body, as a manifestation of the reproductive 
function, can be considered abnormal if we are talking, for example, about the field of 
work, where a woman’s potential pregnancy can act as an obstacle to employment. 
It would appear that the state should be responsible for eliminating these kinds 
of inconsistencies, as failure to do so would make the mechanisms for promoting 
fertility less effective. 

4.1.4. Young Body and Old Body 
The normalization and creation of images of corporeality are quite often 
associated with the establishment of various age requirements so that a person 
can claim to exercise certain rights and freedoms or be held accountable. 

In particular, the standardization of the age criterion is manifested in the 
establishment of certain benefits for young individuals. For example, there are special 

63 Law of the People’s Republic of China of 29 December 2012. On Population and Family Planning 

(Jan. 22, 2024), available at http://www.nhc.gov.cn/fzs/s3576/202303/5f2c908317154d2f8e57d1df 

4b0df41a.shtml. 

64 It is obvious that there is ambiguity in characterizing these images as abnormal or normal since their 

assessment varies depending on the current situation; in particular, they may be predetermined by 

the country component. 

65 See https://www.fp2030.org/india/. 


Aleksandra Zorina, Ivan Yapryntsev 

socially oriented programs for young scientists66 and young families67 that are aimed 
at enhancing their contributions in various fields and increasing their efficiency in 
performing their assigned functions (in this case, in terms of research activities and 
reproduction). 

There also exists the opposite situation, in which benefits are secured for persons 
who have reached a certain age, notably the provision of financial support through 
pension payments.68 In this instance, the state, fulfilling its social function, ensures 
that such bodies, namely those that are older, perform a symbolic function, through 
which the bodies of young people are demonstrated to have an appropriate level 
of socio-economic guarantees upon reaching a certain age. 

In this regard, the experience of regulating this area of public relations in the 
Federative Republic of Brazil, where there are separate regulatory legal acts regulating 
the specifics of health care issues for individuals of different ages, is of interest. In 
particular, age groups such as children, teenagers,69 and the elderly are distinguished 
from others.70 In this case, it is reasonable to say that depending on the criteria that 
the human body must meet − that is, so as to be considered normal − it is subject to 
appropriate guarantees. 

In a different vein, the age of the body as a basis for forming an image of 
corporeality is used when establishing age limits for carrying out certain activities. 

66 See проект федерального закона «О внесении изменений в Федеральный закон «О науке и государственной 
научно-технической политике» в части государственной поддержки молодых ученых
» [Draft Federal Law, On Amendments to the Federal Law, On Science and State Scientific and 
Technical Policy in Terms of State Support for Young Scientists] (Jan. 22, 2024), available at https:// 
regulation.gov.ru/Regulation/Npa/PublicView?npaID=115309. 

67 See Постановление Правительства Российской Федерации от 30 декабря 2017 г. № 1710 «Об 
утверждении государственной программы Российской Федерации «Обеспечение доступным 
и комфортным жильем и коммунальными услугами граждан Российской Федерации»» // Собрание 
законодательства РФ. 2018. № 3. Ст. 546. [Decree of the Government of the Russian Federation 
No. 1710 of 30 December 2017. On Approval of the State Program of the Russian Federation, “Providing 
Affordable and Comfortable Housing and Utilities to Citizens of the Russian Federation,” Collection 
of Legislation of the Russian Federation, 2018, No. 3, Art. 546] 

68 The regulation also recognizes other grounds for assigning various pension payments that are not 
related to reaching age. Their presence does not refute the described hypothesis but confirms the 
presence of other images of corporeality that serve as the basis for this type of payment – for example, 
a disability pension for an individual and the bearer of the patient’s body, etc. See Федеральный 
закон от 28 декабря 2013 г. № 400-ФЗ «О страховых пенсиях» // Собрание законодательства 
РФ. 2013. № 52 (ч. 1). Ст. 6965 [Federal Law No. 400-FZ of 28 December 2013. On Insurance Pensions, 
Collection of Legislation of the Russian Federation, 2013, No. 52 (part 1), Art. 6965], Art. 11; Федеральный 
закон от 15 декабря 2001 г. № 166-ФЗ «О государственном пенсионном обеспечении 
в Российской Федерации» // Собрание законодательства РФ. 2001. № 51. Ст. 4831 [Federal Law 
No. 166-FZ of 15 December 2001. On State Pension Provision in the Russian Federation, Collection 
of Legislation of the Russian Federation, 2001, No. 51, Art. 4831], Art. 11. 

69 Law No. 8069 of 13 July 1990. On Medical Care for Children and Adolescents (Jan. 22, 2024), available 
at https://www.planalto.gov.br/ccivil_03/leis/l8069.htm#art266. 

70 See Law No. 10741 of 1 October 2003. On Medical Care for Older People, Including Care and Maintenance 
(Jan. 22, 2024), available at https://www.planalto.gov.br/ccivil_03/leis/2003/l10.741.htm. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

For example, the maximum age for holding certain positions (such as civil servants,71 
judges,72 heads of educational organizations,73 etc.) is normatively established as is 
the minimum age for carrying out certain tasks is often fixed. Similarly, it is common 
practice to establish a certain age threshold upon reaching which individuals 
are eligible to participate in electoral elections, while often the age limits are 
differentiated for the exercise of active and passive suffrage.74 

In this regard, it would also be of interest to standardize the age of a woman at 
which her body retains reproductive functions. For instance, in accordance with 
the guidelines set forth by the World Health Organization (WHO), the reproductive 
age of women is from 14 to 49 years.75 Failure to perform a given body function 
within the allotted age range is comparable to the assessment of a particular body 
as abnormal, namely that of not fitting into the established normative and social 
rules of behavior.76 

71 See Федеральный закон от 27 июля 2004 г. № 79-ФЗ «О государственной гражданской службе 
Российской Федерации» // Собрание законодательства РФ. 2004. № 31. Ст. 3215 [Federal Law 
No. 79-FZ of 27 July 2004. On the State Civil Service of the Russian Federation, Collection of Legislation 
of the Russian Federation, 2004, No. 31, Art. 3215], Art. 25.1. Similar age limits are established in the 
Constitution of the People’s Republic of China. See Art. 79 of the Constitution of the People’s Republic 
of China (Jan. 22, 2024), available at https://constituteproject.org/constitution/China_2018. 

72 See Федеральный конституционный закон от 21 июля 1994 г. № 1-ФКЗ «О Конституционном Суде 
Российской Федерации» // Собрание законодательства РФ. 1994. № 13. Ст. 1447 [Federal Constitutional 
Law No. 1-FKZ of 21 July 1994. On the Constitutional Court of the Russian Federation, Collection 
of Legislation of the Russian Federation, 1994, No. 13, Art. 1447 (1994)]; Art. 101 of the Constitution 
of the Federative Republic of Brazil (Jan. 22, 2024), available at https://www.constituteproject. 
org/constitution/Brazil_2017. 

73 See Трудовой кодекс Российской Федерации от 30 декабря 2001 г. № 197-ФЗ // Собрание законодательства 
РФ. 2002. № 1 (ч. 1). Ст. 3 [Labor Code of the Russian Federation No. 197-FZ of 30 December 
2001, Collection of Legislation of the Russian Federation, 2002, No. 1 (part 1), Art. 3], Art. 336.2. 

74 See, e.g., Федеральный закон от 12 июня 2002 г. № 67-ФЗ «Об основных гарантиях избирательных 
прав и права на участие в референдуме граждан Российской Федерации» // Собрание 
законодательства РФ. 1997. № 38. Ст. 4339 [Federal Law No. 67-FZ of 12 June 2002. On the Basic 
Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian 
Federation, Collection of Legislation of the Russian Federation, 1997, No. 38, Art. 4339], Art. 4. 
In this regard, attention should be paid to the regulation of the voting age in the Constitution of the 
Federative Republic of Brazil; where mandatory (at least 18 years of age) and optional (at least 70 
years of age) criteria for inclusion in the electoral lists are established. See Art. 14 of the Constitution 
of the Federative Republic of Brazil (Jan. 22, 2024), available at https://www.constituteproject.org/ 
constitution/Brazil_2017. 

75 Женщины издоровье// World Health Organization (WHO) [Women and Health, World Health Organization 
(WHO)] (Jan. 22, 2024), available at https://www.who.int/ru/news-room/fact-sheets/detail/ 
women-s-health. 

76 This, of course, does not exclude the possibility of birth beyond the established age, but this is associated 
with certain risks for the health of both the woman and the fetus or child. A kind of negative 
assessment of such pregnancy is also reflected in the previously existing terms applied to women in 
this case – old-time pregnant, older primigravida. 


Aleksandra Zorina, Ivan Yapryntsev 

4.1.5. Living Body and Dead Body 
From the point of view of normalization, the image of a living and dead body is quite 
important, which is predetermined by their different target and functional settings. In this 
regard, it is advisable to dwell on the criteria for classifying a body as living or dead.77 

It seems that the criteria of life are inextricably linked with the subjective right 
to life, which entails the recognition of a specific subject as a bearer of appropriate 
capabilities. In the Russian Federation, the right to life is associated with the fact of birth 
(Art. 17 of the Constitution of the Russian Federation). Consequently, the moment of 
the birth of a child, signifying the separation of the fetus from the mother’s body,78 is the 
basis for recognizing the child as alive and applying appropriate legal regulation to him. 
Accordingly, defining a body as living is associated with the problem of establishing 
the legal status of the fetus and embryo, at the moment when it is recognized as 
a subject of the right to life. 

With regard to the criteria for death, from the point of view of the ethical and 
philosophical understanding of this area, there is no unambiguity in resolving 
this issue. However, in the current regulation, there are two main approaches to 
determining the fact of death and the including the deceased body in the sphere 
of legal regulation. These two approaches are as follows: 

• statement of irreversible death of the entire brain (brain death),79 which occurs 
with the complete and irreversible cessation of all its functions, typically recorded 
with a beating heart and artificial ventilation of the lungs; 
• 
biological 
death, 
which 
is 
established 
based 
on 
the 
presence 
of 
early 
or 
late 
cadaveric changes.80 

Life and death, as two states of the body that straddle the boundary between 
them, predetermine the specifics of the legal impact on them. At the same time, 
speaking about the development of biolaw, it should be noted that the regulation 
of corporeality is not limited exclusively to the living body,81 but extends to the 
unborn body and the dead body. In this case, with regard to such bodies, ideas 
about corporeality change accordingly depending on their functionality and the 

77 The problem of determining the criteria of life and death appears to be one of the most basic ones in 
the study of issues of corporeality in their legal and regulatory perception, especially since this aspect 
is predetermined by a broad sociocultural context and therefore assumes a significant difference in 
country manifestation. In this regard, consideration of this issue deserves independent research, and 
in this work it will be limited exclusively to regulation in the Russian Federation. 

78 See Federal Law No. 323-FZ, supra note 22, Art. 53. 

79 See Закон Российской Федерации от 22 декабря 1992 г. № 4180-I «О трансплантации органов 
и (или) тканей человека» // Ведомости СНД и ВС РФ. 1993. № 2. Ст. 62 [Law of the Russian Federation 
No. 4180-I of 22 December 1992. On Transplantation of Human Organs and (or) Tissues, Gazette 
of the SND and the Armed Forces of the Russian Federation, 1993, No. 2, Art. 62], Art. 9. 

80 See Federal Law No. 323-FZ, supra note 22, Art. 66. 

81 Takis Vidalis, The Emergence of Biolaw: The European Experience and the Evolutionary Approach 16–17 (2022). 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

field in which they are located (a notable example would be embryos used in clinical 
research and specially grown for this purpose82 or museum exhibits consisting of 
certain body parts of a person). 

Thus, the presented examples, which reflect the presence of various approaches 
to the formation and understanding of bodily images in normative regulation, allow 
us to speak about the existence of a general framework for perceiving the human 
body through the prism of its compliance with the given functional and activity 
criteria that underlie the classification of the body as normal and abnormal. Moreover, 
this characteristic of the human body can be perceived differently both in different 
countries (including those located in the same international association such as 
BRICS) and in different fields of human activity. One example of the manifestations 
of the dynamism of this quality of the human body would be normatively approved 
deviations from the given framework of normality. 

4.2. Abnormality as a Socially Approved Manifestation of Human Corporeality 
(Using the Example of the Russian Federation) 
In analyzing the images of corporeality as identified through the prism of the 
criterion of normality, it is also advisable to highlight those images that deviate 
from the ideas of typical, normal corporeality but at the same time act as socially 
encouraged and approved. 

It should be clarified that abnormality in this case should be considered a state 
of corporeality that differs from its normal functioning but can be recognized by 
others and by the person affected as such. Overcoming the framework of ordinary 
corporeality is a necessary and sufficient basis for the extension of certain legal 
regulations to a person. 

Examples of this kind of anomalous states of being that give rise to the corresponding 
images of corporeality, can include: 

1. The image of a hero − in particular, the current regulatory framework contains 
such concepts as a mother-heroine (for example, a woman who is a citizen of the 
Russian Federation and gave birth to and raised ten or more children who are also 
citizens of the Russian Federation83) and“herooftheRussianFederation,”wherein the 
basis for conferring this title lies in the accomplishment of a heroic feat,84 that is, an 
82 See for more details Helga Nowotny & Giuseppe Testa, Naked Genes: Reinventing the Human in the 
Molecular Age 95 (2011). 

83 See Указ Президента Российской Федерации от 15 августа 2022 года № 558 «О некоторых вопросах 
совершенствования государственной наградной системы Российской Федерации»// Собрание 
законодательства РФ. 2022. № 34. Ст. 5959 [Decree of the President of the Russian Federation, 
No. 558 of 15 August 2022. On Some Issues of Improving the State Award System of the Russian Federation, 
Collection of Legislation of the Russian Federation, 2002, No. 34, Art. 5959]. 

84 Закон РФ от 20 марта 1992 г. № 2553-I «Об установлении звания Героя Российской Федерации 

и учреждении знака особого отличия – медали «Золотая Звезда»» // Ведомости СНД и ВС РФ. 1992. 

№ 14. Ст. 719 [Law of the Russian Federation, No. 2553-I of 20 March 20 1992. On the Establishment of 


Aleksandra Zorina, Ivan Yapryntsev 

action associated with overcoming any framework of the ordinary human condition 
(such as self-sacrifice, death, etc.). 

2. The image of a donor − in this particular scenario, it would be appropriate to 
talk about the donation of blood and its components, wherein the special title of 
“Honorary Donor”85 is established and associated with certain socio-economic benefits. 
Additionally, it involves the participation of individuals in organ or tissue transplantation, 
including after death, while also providing for certain restrictions for such individuals 
as well as granting rights related to subsequent medical rehabilitation.86 
3. The image of an athlete, which is formed through the assignment of appropriate 
categories and titles (such as candidate master of sports, master of sports, etc.). 
Achieving these results presupposes the fulfillment of certain standards, performance 
in various competitions and is inextricably linked with constant physical exertion 
and changes in the human body. 
4. The image of a saint − despite the fact that issues of sacredness remain outside 
the scope of legal regulation, in certain aspects, this can be regarded as an image of 
corporeality in law. As a general rule, the basis for canonization typically involves the 
manifestation of miracles, which are defined as extra-ordinary human abilities manifested 
either during the life or death of a person, as well as cases involving significant suffering 
of the person (for example, the execution of a prominent royal family). In this case, the 
normativity of this image of corporeality is manifested, firstly, in the existing procedures 
for resolving the issue of recognition as a saint,87 and secondly, in the fact that images of 
this kind can realize a symbolic or communicative function, subject to their recognition 
by society or the state and veneration as, for example, national holidays. 
Conclusion 

During the course of the research into the category of human corporeality in its 
normative manifestation, the authors formulated two approaches to its definition, 

the Title of Hero of the Russian Federation and the Establishment of a Special Distinction – the Gold 
Star Medal, Vedomosti SND and the Armed Forces of the Russian Federation, 1992, No. 14, Art. 719]. 

85 See Федеральный закон от 20 июля 2012 г. № 125-ФЗ «О донорстве крови и ее компонентов» // 
Собрание законодательства РФ. 2012. № 30. Ст. 4176 [Federal Law No. 125-FZ of 20 July 2012. On 
the Donation of Blood and its Components, Collection of Legislation of the Russian Federation, 2012, 
No. 30, Art. 4176], Art. 23. 

86 See Закон Российской Федерации от 22 декабря 1992 г. № 4180-I «О трансплантации органов 
и (или) тканей человека» // Ведомости СНД и ВС РФ. 1993. № 2. Ст. 62 [Law of the Russian Federation 
No. 4180-I of 22 December 1992. On Transplantation of Human Organs and (or) Tissues, Gazette 
of the SND and the Armed Forces of the Russian Federation, 1993, No. 2, Art. 62], Arts. 3, 10, 11, 12. 

87 See Современный порядок канонизации святых в Русской Православной Церкви [The Modern 
Order of Canonisation of Saints in the Russian Orthodox Church] (Jan. 22, 2024), available at https:// 
comcan.ru/podgotovka-k-kanonizatsii/sovremennyy-poryadok-kanonizatsii-svyatykh-v-russkoypravoslavnoy-
tserkvi/. 


BRICS LAW JOURNAL Volume 11 Issue 1 (2024) 

institutional and functional-activity. The findings of these two methodologies 
revealed that: 

1. Corporality is a biosocial category. Its formation is influenced by both internal 
(biological) and external factors. External factors may vary depending on the 
approach to understanding corporeality, for example, various social institutions, 
fields of activity in which the human body is placed and functions that are assigned 
to the human body. 
2. The image of corporeality is the basis of legal subjectivity; that is, it plays a certain 
role in determining the rights and obligations regarding the human body. 
3. The gap in existing images of corporeality is a reason for rationing. In the event 
that the image of corporeality does not correspond to general ideas about normality 
or, in general, does not align with the generally accepted norms, then this constitutes 
a reason for the introduction of legal mechanisms to eliminate such a gap. 
Our analysis of human corporeality within the framework of the institutional 
approach has demonstrated that the public prevails in the formation of the image 
of corporeality over the private. However, it is important to note that this statement 
is not universal but depends on the situation that is being considered, namely the 
location and time. 

When considering the concept of corporeality within the framework of the 
functional-activity approach, it can be concluded that normalization is the basis 
for the formation of images of corporeality in law. In other words, these normative 
frameworks of corporeality are fixed, and moreover, they are aimed at the formation 
of images that correspond to the idea of normality on the part of external actors 
(such as society and the state) and often the person himself, thereby excluding or 
minimizing abnormal images. 

Acknowledgements 

The research was carried out within the framework of the Mirror Laboratories 
between the National Research University Higher School of Economics (Perm) and 
the University of Tyumen on the topic Topical Issues of Human Rights Research in 
the Context of Bioethics. 

References 

Fabre G. The Chinese Healthcare Challenge: Comment on ‘Shanghai Rising: 
Avoidable Mortality as Measured by Avoidable Mortality Since 2000’, 4(3) International 
Journal of Health Policy and Management 195 (2015). https://doi.org/10.15171/ 
ijhpm.2015.36 

Nowotny H. & Testa G. Naked Genes: Reinventing the Human in the Molecular Age 
(2011). 


Aleksandra Zorina, Ivan Yapryntsev 

Soares F.V. et al. Evaluating the Impact of Brazil’s Bolsa Família: Cash Transfer 
Programs in Comparative Perspective, 45(2) Latin American Research Review 173 
(2008). https://doi.org/10.1017/s0023879100009390 

Vidalis T. The Emergence of Biolaw: The European Experience and the Evolutionary 
Approach (2022). https://doi.org/10.1007/978-3-031-02359-0 

Агамбен Дж. Homo Sacer. Суверенная власть и голая жизнь [Agamben G. Homo 
Sacer: Sovereign Power and Bare Life] (2011). 

Агамбен Дж. Средства без цели [Agamben G. Means Without Ends] (2015). 

Канторович Э.Х. Два тела короля. Исследование по средневековой политической 
теологии [Kantorowicz E.H. Two Bodies of the King: A Study in Medieval Political 
Theology] (2nd ed. 2015). 

Корецкая М.А. Народ как носитель суверенности и границы политической теологии 
// Социодинамика. 2019. № 1. С. 10–19 [Koretskaya M.A. The People as a Bearer of 
Sovereignty and the Boundaries of Political Theology, 1(11) Sociodynamics 10 (2019)]. 

Паравичини Бальяни А. Тело папы [Paravicini-Bagliani A. The Pope’s Body] (2021). 

Попова О.В. Тело как территория технологий: от социальной инженерии 
к этике биотехнологического конструирования: монография [Popova O.V. The 
Body as a Territory of Technology: From Social Engineering to the Ethics of Biotechnological 
Design: Monograph] (2021). 

Тхостов А.Ш. Психология телесности [Tkhostov A.Sh. Psychology of Corporeality] 
(2002). 

Фуко М. Надзирать и наказывать. Рождение тюрьмы [Foucault M. Discipline & 
Punish: The Birth of the Prison] (2022). 

Фуко М. Ненормальные. Курс лекций, прочитанных в Коллеж де Франс в 1974– 
1975 учебном году [Foucault M. Abnormal: A Course of Lectures Given at the Collège 
de France in the 1974−1975] (2005). 

Information about the authors 

Aleksandra Zorina (Tyumen, Russian Federation) – Teaching Assistant, Theoretical 
and Public Law Disciplines Department; Expert, “Bioethics, Biolaw, Biopolitics” 
Research Сenter, “4Bio” Laboratory, Center for Innovative Design and Applied 
Research; Postgraduate Student, Theoretical and Public Law Disciplines Department, 
Institute of State and Law, University of Tyumen (38 Lenina St., Tyumen, 625000, Russian 
Federation; e-mail: a.e.zorina@utmn.ru). 

Ivan Yapryntsev (Tyumen, Russian Federation) – Head,“4Bio”Laboratory, Center 
for Innovative Design and Applied Research; Associate Professor, Theoretical and 
Public Law Disciplines Department, Institute of State and Law, University of Tyumen 
(38 Lenina St., Tyumen, 625000, Russian Federation; e-mail: i.m.yapryncev@utmn.ru).