The Right to Health in the Case-Law of the European Court of Human Rights - II


KARAKUL S.

İstanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, vol.4, no.1, pp.17-58, 2017 (Peer-Reviewed Journal) identifier

Abstract

This paper is the second part of a two-part study concerning the case-law of the European Court of Human Rights (ECtHR or the Court) on the right to health and health-related issues in connection with the rights protected under the European Convention on Human Rights (ECHR or the Convention) and its additional Protocols. Although the case-law of the ECtHR to date has been far from establishing a theoretical basis for the right to health and health-related issues under the Convention, it still remains the most effective tool for promoting the right to health in international human rights law. In the predecessor paper to this one, the general issues with regard to health and treatment services, privacy, protection of and access to personal data relating to medical and health conditions and lastly the health related issues concerning vulnerable groups in the light of ECtHR jurisprudence were analysed. This paper intends to examine the remaining issues concerning the right to health and health-related issues in the case-law of the ECtHR under the three main headings of the equality and prohibition of discrimination in health services, health and environment and bioethical issues