The Oviedo Convention in the case-law of the European Court of Human Rights

Abstract

In this talk I explore the interrelation between the Oviedo Convention on Human Rights and Biomedicine and the European Convention on Human Rights. The starting point of the analysis is to highlight the difference between the two treaties regarding their enforceability. An attempt is then made to identify which of the rights safeguarded in the European Convention of Human Rights involve issues raised in the Oviedo Convention. Admittedly, the most commonly referred to provision in the case-law of the Strasbourg Court is Article 8 of the European Convention of Human Rights (right to respect for private and family life), under the ambit of which the issues of consent, private life and right to information as well as the human genome are dealt with. In addition, the talk addresses other issues within the scope of the Oviedo Convention, which have been raised under Articles 2, 3, 5 and 10 in the Strasbourg case-law. In the final analysis, one is tempted to consider whether the outcome of such an interrelation between the two Conventions is satisfactory

    Similar works