Open AccessRight to health in european legal system: the content and guarantees
Author(s) -
Elena Evgenyevna Gulyaeva
Publication year - 2021
Publication title -
suprema
Language(s) - English
Resource type - Journals
eISSN - 2763-8839
pISSN - 2763-7867
DOI - 10.53798/suprema.2021.v1.n1.a15
Subject(s) - human rights , right to health , political science , fundamental rights , law , international human rights law , european union , data protection directive , convention , international law , european union law , international trade , business
This article reviews the content and the implementation of the right to health in the regional international legal systems for the human rights and freedoms protection. Therefore, the study is based on the analysis of universal international treaties of the UN system, regional regulations of the Council of Europe, the European Union (EU), and the European Court of Human Rights (EctHR), using general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied. The research indicates that the modern international legal concept of the right to health is being developed at the regional level. There is a certain trend in Council of Europe and EU law towards an extended interpretation of the human right to health responding to new challenges to the realization of that right, concerning bioethics, human genome editing, and the effects of nuclear testing and environmental pollution. The author encourages the complement of the European system of human rights protection with an additional protocol to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, involving the right to health security.