The European Convention on Human Rights proclaims the right of everyone to privacy of information about their state of health,which is a particularly important issue during the COVID-19 pandemic.The aim of the study i...The European Convention on Human Rights proclaims the right of everyone to privacy of information about their state of health,which is a particularly important issue during the COVID-19 pandemic.The aim of the study is to determine the essence of the ECtHR's activity as a guarantee of information culture,highlight the main elements of its activities in this aspect,and analyze the right to medical secrecy in the practice of the European Court of Human Rights.The formal-logical method was used to analyze the norms of the European Convention on Human Rights,determine the content of basic concqts,and systematize the material in order to obtain generalizing conclusions within the framework of the stated problem.The predictive method was used to determine the prospects for the development of legislation aimed at creating a system of effective legal provision for the confidentiality of patient information.The European Court of Human Rights has more than once drew attention to the enormous importance of protecting personal,in particular medical data,so that a person can enjoy his or her right to private and family life with satisfaction.That is why public authorities must ensure the confidentiality of information about the health of individuals.It should not be disclosed or processed without the prior informed consent of the person concerned.There are a lot of cases of unlawful disclosure of information about the patienfs health and liability for unlawful disclosure.展开更多
The present article examines how the progress of science, and in particular, medically assisted human reproductive technologies (ART) have provoked a revolution in the sphere of family relations, generating a series...The present article examines how the progress of science, and in particular, medically assisted human reproductive technologies (ART) have provoked a revolution in the sphere of family relations, generating a series of ethical and legal conflicts. The article focuses on the European perspective, without ignoring the international sphere, given the globalization of the phenomenon. The emerging legal issues are analyzed through the filter of international human rights, not only an important aspect to take into consideration in the context of bioethics in general, but a "passage obligO" given that certain concepts find their explanation and coordinates in international human rights law. It is from this perspective that the relationship between ART and human rights is presented. The applicable international and European legal instruments and principles shall be mentioned, as well as a brief comparison of national legal frameworks in Europe The emerging bioethical and legal issues are examined in correlation with the response of the European Court of Human Rights through its case law aimed at balancing conflicting rights when faced with issues pertaining to ART. Lastly, the article presents in more detail the particular legal issues under debate in France and Italy, two European countries with specific legislation in the field.展开更多
文摘The European Convention on Human Rights proclaims the right of everyone to privacy of information about their state of health,which is a particularly important issue during the COVID-19 pandemic.The aim of the study is to determine the essence of the ECtHR's activity as a guarantee of information culture,highlight the main elements of its activities in this aspect,and analyze the right to medical secrecy in the practice of the European Court of Human Rights.The formal-logical method was used to analyze the norms of the European Convention on Human Rights,determine the content of basic concqts,and systematize the material in order to obtain generalizing conclusions within the framework of the stated problem.The predictive method was used to determine the prospects for the development of legislation aimed at creating a system of effective legal provision for the confidentiality of patient information.The European Court of Human Rights has more than once drew attention to the enormous importance of protecting personal,in particular medical data,so that a person can enjoy his or her right to private and family life with satisfaction.That is why public authorities must ensure the confidentiality of information about the health of individuals.It should not be disclosed or processed without the prior informed consent of the person concerned.There are a lot of cases of unlawful disclosure of information about the patienfs health and liability for unlawful disclosure.
文摘The present article examines how the progress of science, and in particular, medically assisted human reproductive technologies (ART) have provoked a revolution in the sphere of family relations, generating a series of ethical and legal conflicts. The article focuses on the European perspective, without ignoring the international sphere, given the globalization of the phenomenon. The emerging legal issues are analyzed through the filter of international human rights, not only an important aspect to take into consideration in the context of bioethics in general, but a "passage obligO" given that certain concepts find their explanation and coordinates in international human rights law. It is from this perspective that the relationship between ART and human rights is presented. The applicable international and European legal instruments and principles shall be mentioned, as well as a brief comparison of national legal frameworks in Europe The emerging bioethical and legal issues are examined in correlation with the response of the European Court of Human Rights through its case law aimed at balancing conflicting rights when faced with issues pertaining to ART. Lastly, the article presents in more detail the particular legal issues under debate in France and Italy, two European countries with specific legislation in the field.