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


İstanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, vol.3, no.2, pp.169-206, 2016 (Peer-Reviewed Journal) identifier


The right to health is not recognized in the European Convention on Human Rights (ECHR or the Convention) and its additional Protocols. Nevertheless the European Court of Human Rights (ECtHR or the Court) has developed a caselaw on the right to health and health-related issues in connection with the rights protected under the Convention such as the right to life, prohibition of inhuman and degrading treatment and the right to respect for private and family life. This paper analyses 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. It is intended to analyse the equality and prohibition of discrimination in health services, health and environment and bioethical issues in a subsequent paper.