In May 2012 the ECtHR published an updated research report on its case-law in relation with bioethics. The report was prepared by the Redearch Division of the Court and finalised in 2009. However, due to certain developments within the case-law of the Court, the Division updated its earlier working document.
The report follows a sistematic approach, starting from bioethicsal issues raised in recent judgments. This includes reproductive rights, medically assisted procreation, assisted suicide, consent, issues concenring HIV, retention of biometric data. In its second part, the document contains examples of cases in which the Cour expressly referred to the Convention on Human Rights and Biomedicine or the work of CDBI.
Here is the summary:
The term “bioethics ” has been understood for the purposes of this report to encompass the protection of the human being (his/her human rights and in particular human dignity) in the context of the development of biomedical sciences. Specific issues which come under this term and are addressed in the report include reproductive rights (prenatal diagnos is and the right to a legal abortion), medically assisted procreation, assisted suicide, consent to medical treatment or examinations, ethical issues concerning HIV, retention of biological data by the authorities and the right to know one’s biological identity. These complex issues are increasingly bei ng raised before the European Court of Human Rights, and we can perhaps expect more applications touching subjects such as gene therapy, stem cell research and cloning in the future. The cases cited raise important questions and often highly sensitive issues under Articles 2, 3, 5, 6 and most often Artic le 8 of the European Convention on Human Rights. [...]
References to the Oviedo Convention on Human Rights and Biomedicine of 4 April 1997 (ETS no. 164), or the work of the Council of Europe in this area, have been found in a number of cases before the European Court of Human Rights.
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