Abstract
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.
Highlights
Goals of the Sustainable Development Agenda 2030[3] have been formulated with the right to health perspective
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
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
Summary
Goals of the Sustainable Development Agenda 2030 (resolution 70/1, adopted by the UN General Assembly in 2015)[3] have been formulated with the right to health perspective. Among the most notable are goals 1-3, 6, and 15: worldwide elimination of poverty and hunger; ensuring food security and healthy lifestyles; promoting the well-being of all individuals at all ages; the availability and rational use of water and sanitation resources; and the protection and restoration of terrestrial ecosystems. In this regard, focus is on strengthening national health systems to enhance state capacity to provide early warning and reduction of national and global health risks p. WHO and the International Committee on Taxonomy of Viruses included coronavirus infection (COVID-19) in the “International Classification of Diseases”[5]
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