Oleksandr M Shevchuk, Iryna V Borodina, Оlena V Verhoglyad-Gerasymenko, Oleksii I Marochkin, Oleksandr V Lysodyed
{"title":"欧洲人权法院实践中的医疗法律关系中的隐私权:乌克兰的经验。","authors":"Oleksandr M Shevchuk, Iryna V Borodina, Оlena V Verhoglyad-Gerasymenko, Oleksii I Marochkin, Oleksandr V Lysodyed","doi":"10.36740/Merkur202503118","DOIUrl":null,"url":null,"abstract":"<p><strong>Objective: </strong>Aim: To analyse the problems of implementing an individual's right to privacy in medical legal relations and to characterise the practice of the European Court of Human Rights (ECtHR).</p><p><strong>Patients and methods: </strong>Materials and Methods: The methodological basis of the article is a set of methods and techniques of scientific knowledge. Methods of theoretical analysis, system-analytical and comparative-legal methods made it possible to characterise the problems of protecting the right of an individual to privacy in medical legal relations, taking into account the practice of the ECtHR.</p><p><strong>Results: </strong>Results: The right to privacy in medical legal relations is a fundamental principle of the legal systems of the states parties to the European Convention. The right to privacy in medical legal relations is complex and forms part of the right to health. The ECtHR, in many of its decisions in the field of healthcare, has emphasised the existence of both negative and positive obligations of the state to ensure the right to respect for the private and family life of patients. States parties to the European Convention must not only refrain from unlawful interference, but also create mechanisms for the effective protection of patients'privacy, including the protection of confidential data.</p><p><strong>Conclusion: </strong>Conclusions: The practice of the ECtHR in implementing an individual's right to privacy in medical legal relations is a dynamic source of law and contributes to the formation of uniform judicial practice in the context of protecting the rights, freedoms and interests of individuals in the field of healthcare.</p>","PeriodicalId":39518,"journal":{"name":"Polski Merkuriusz Lekarski","volume":"53 3","pages":"418-422"},"PeriodicalIF":0.0000,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The right to privacy in medical legal relations in the practice of the European court of human rights: Experience for Ukraine.\",\"authors\":\"Oleksandr M Shevchuk, Iryna V Borodina, Оlena V Verhoglyad-Gerasymenko, Oleksii I Marochkin, Oleksandr V Lysodyed\",\"doi\":\"10.36740/Merkur202503118\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><strong>Objective: </strong>Aim: To analyse the problems of implementing an individual's right to privacy in medical legal relations and to characterise the practice of the European Court of Human Rights (ECtHR).</p><p><strong>Patients and methods: </strong>Materials and Methods: The methodological basis of the article is a set of methods and techniques of scientific knowledge. Methods of theoretical analysis, system-analytical and comparative-legal methods made it possible to characterise the problems of protecting the right of an individual to privacy in medical legal relations, taking into account the practice of the ECtHR.</p><p><strong>Results: </strong>Results: The right to privacy in medical legal relations is a fundamental principle of the legal systems of the states parties to the European Convention. The right to privacy in medical legal relations is complex and forms part of the right to health. The ECtHR, in many of its decisions in the field of healthcare, has emphasised the existence of both negative and positive obligations of the state to ensure the right to respect for the private and family life of patients. States parties to the European Convention must not only refrain from unlawful interference, but also create mechanisms for the effective protection of patients'privacy, including the protection of confidential data.</p><p><strong>Conclusion: </strong>Conclusions: The practice of the ECtHR in implementing an individual's right to privacy in medical legal relations is a dynamic source of law and contributes to the formation of uniform judicial practice in the context of protecting the rights, freedoms and interests of individuals in the field of healthcare.</p>\",\"PeriodicalId\":39518,\"journal\":{\"name\":\"Polski Merkuriusz Lekarski\",\"volume\":\"53 3\",\"pages\":\"418-422\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2025-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Polski Merkuriusz Lekarski\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.36740/Merkur202503118\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Medicine\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Polski Merkuriusz Lekarski","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36740/Merkur202503118","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Medicine","Score":null,"Total":0}
The right to privacy in medical legal relations in the practice of the European court of human rights: Experience for Ukraine.
Objective: Aim: To analyse the problems of implementing an individual's right to privacy in medical legal relations and to characterise the practice of the European Court of Human Rights (ECtHR).
Patients and methods: Materials and Methods: The methodological basis of the article is a set of methods and techniques of scientific knowledge. Methods of theoretical analysis, system-analytical and comparative-legal methods made it possible to characterise the problems of protecting the right of an individual to privacy in medical legal relations, taking into account the practice of the ECtHR.
Results: Results: The right to privacy in medical legal relations is a fundamental principle of the legal systems of the states parties to the European Convention. The right to privacy in medical legal relations is complex and forms part of the right to health. The ECtHR, in many of its decisions in the field of healthcare, has emphasised the existence of both negative and positive obligations of the state to ensure the right to respect for the private and family life of patients. States parties to the European Convention must not only refrain from unlawful interference, but also create mechanisms for the effective protection of patients'privacy, including the protection of confidential data.
Conclusion: Conclusions: The practice of the ECtHR in implementing an individual's right to privacy in medical legal relations is a dynamic source of law and contributes to the formation of uniform judicial practice in the context of protecting the rights, freedoms and interests of individuals in the field of healthcare.