HUMAN RIGHTS BALANCES IN HEALTHCARE FIELD UNDER THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

INTRODUCTION The intertwining of medicine, law, and ethics in medical law creates a synergistic value of parallels that run counter to laws. If to speak about humanity as any human rights activity, it can be shown via the European Court of Human Rights (hereinafter referred to as ECtHR) jurisprudence. This institution is the custodian of the rule of law and constantly seeks balances to ensure human rights. The ECtHR “holds” scales with two bowls, on which the rights and legitimate interests are weighted, and a “master's hand” is required to maintain the balance of justice. The objective of the research is to uncover several balances using ECtHR jurisprudence, national jurisprudence, and Ukrainian statutory law, to seek the rule of law and to ensure the best interests of the human in the healthcare sector. Some aspects of health care through the prism of the ECtHR jurisprudence have been researched, in particular by such scholars as J. Balsiene, O. Drozdova, P. J. Carozza, M.J. Curtice, T. Exworthy, N. Hutorova, V. Horodovenko, O. Harasymiv, J. Juskevicius, Y. Kapelanska-Pregowska, S. Matthew, V. Pashkov, P. Rabinovych, J.A. Sweeney, L. Udovyka. The following methods of scientific cognition have been used: formal-logical method (for the analysis of the internal construction of legal regulations); method of legal modeling (with a view to implementing the main balance sheet provisions set out in international standards, in particular, the ECtHR's jurisprudence, which, in accordance