Standardy ochrony osób starszych i niepełnosprawnych w orzecznictwie międzynarodowym

Abstrakt

The development of human rights law to embrace a bioethical perspective is connected with the policy of international subjects focusing on the technical possibilities of the life sciences, covering the way they function in the modern social structure. Bearing in mind this assumption, the aim of the paper was to analyze the right to protect genetic information in the context of the european Court of Human rights case law. The Court held that genetic information is protected under the Convention on Human Rights and Fundamental Freedoms. The model of the right to respect for private life is reflected in its shape, as the Court noted in the van der velden v. The Netherlands and S. and Marper v. The United Kingdom cases. This leads to the conclusion that the provision of Article 8 of the Convention provides the right to protect genetic information, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”.