Expanded Access Program and The European Convention on Human Rights: Hristozov and Others v. Focusing on the Bulgarian Incident

Abstract

In recent years, medical technology is advancing day by day. Accordingly, the importance of protecting the rights of patients is emphasized. Methods and forms of ensuring patient rights vary from country to country. In the EU, which consists of European countries, patient protection is guaranteed through the laws of the member countries, but also at the EU level. Although the rights of patients are directly guaranteed by law, it is also supplemented by precedents of courts, so it can be seen that the interest in the protection of patients' rights is generally high. Attempts are being made to guarantee patient rights locally through Directive 2011/24 on the rights of patients and cross-border health services of 9 March 2011 in the EU. This directive is the only document that guarantees patient rights in EU legislation. The purpose of this directive is to establish a system that guarantees the right of patients to enjoy health services across EU borders. In addition, a system that can be used in other countries based on the patient's right to receive medical services equivalent to that of their own country within the EU region and prescriptions issued in their own country was established. EU member states must improve their health care system to realize the purpose of the Directive.