Protection of Fundamental Rights in the Context of Biomedical Innovations: The Role of the European Court of Human Rights

Authors

  • Tetiana Tarasevych Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University
  • Oleksandr I. Yaremenko Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University
  • Olena G. Bondarenko Interregional Academy of Personnel Management
  • Oksana O. Hrabovska Taras Shevchenko National University of Kyiv
  • Olena S. Zakharova Taras Shevchenko National University of Kyiv

DOI:

https://doi.org/10.31646/gbio.273

Keywords:

biomedical rights, biomedicine, European Court of Human Rights, European Convention on Human Rights, Convention on Human Rights and Biomedicine, human rights, ethics

Abstract

Biomedical and technological advances are reshaping the landscape of healthcare, offering unprecedented opportunities to address previously incurable diseases and improve quality of life. However, these breakthroughs also raise complex ethical, legal, and social challenges, including disparities in access to healthcare and risks to fundamental human rights. This study focuses on the role of the European Court of Human Rights (ECtHR) in addressing these challenges by analysing its case law related to biomedical innovations. Specifically, the research identifies recurring patterns of human rights violations, such as breaches of privacy, informed consent, and equitable access to healthcare. By examining the ECtHR’s judgments, the study elucidates the Court's pivotal role in shaping legal norms and harmonising national legislation with international human rights standards. It further highlights how ECtHR decisions contribute to balancing medical innovation with the protection of fundamental rights. Ultimately, the article highlights the critical need for robust legal and ethical frameworks to mitigate the risks posed by biomedical advancements and ensure that these technologies benefit all individuals without discrimination.

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Published

2025-04-15

How to Cite

Tarasevych, T., Yaremenko, O. I., Bondarenko, O. G., Hrabovska, O. O., & Zakharova, O. S. (2025). Protection of Fundamental Rights in the Context of Biomedical Innovations: The Role of the European Court of Human Rights. Global Biosecurity, 7(1). https://doi.org/10.31646/gbio.273

Issue

Vol. 7 (2025)

Section

Research Articles

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Copyright (c) 2025 The Author(s)

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Received 2024-05-07
Accepted 2025-03-26
Published 2025-04-15