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The impact of the European court of human rights on the development of rights in health care

Oleg M. Yaroshenko (Department of Labor Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine)
Volodymyr M. Steshenko (Department of International Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine)
Hanna V. Anisimova (Department of Environmental Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine)
Galina O. Yakovleva (Department of Labor Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine)
Mariia S. Nabrusko (Criminal Procedure and Criminalistics Department, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine)

International Journal of Human Rights in Healthcare

ISSN: 2056-4902

Article publication date: 25 October 2021

Issue publication date: 12 December 2022

254

Abstract

Purpose

The purpose of this paper is to examine the international regional system of the preservation of the right to health in the European human rights system through the work of the ECtHR, to analyse the case law of the ECHR based on the human right to health. This purpose determines the following tasks: to identify the features of the realization of the right to health in the European mechanism of human rights protection; to study the mechanism of realization of the right to health in the activity of the ECtHR; to describe the case law of the ECtHR in terms of the right to health.

Design/methodology/approach

The “black letter” law methodology is used to focus attention on conducting research on the letter of the law and the desire to conduct a descriptive analysis of legal norms, based on primary sources.

Findings

On the basis of the conducted researches, it is possible to draw a conclusion that the ECHR, albeit implicitly, refers to the right to health as well.

Originality/value

The right to health is included in the catalogue of the most important universally recognized human rights and is most often considered as an integral part of socio-economic human rights, but there is no special universal or regional mechanism for protecting this category of rights.

Keywords

Acknowledgements

Retraction notice: The publishers of International Journal of Human Rights in Healthcare wish to retract the article Yaroshenko, O.M., Steshenko, V.M., Anisimova, H.V., Yakovleva, G.O. and Nabrusko, M.S. (2021), “The impact of the European court of human rights on the development of rights in health care”, Vol. ahead-of-print No. ahead-of-print, https://doi.org/10.1108/IJHRH-03-2021-0078. It has come to our attention that the peer review process of this paper was compromised, and a decision has been made to retract the paper. The publishers of the journal sincerely apologise to the readers.

Citation

Yaroshenko, O.M., Steshenko, V.M., Anisimova, H.V., Yakovleva, G.O. and Nabrusko, M.S. (2022), "The impact of the European court of human rights on the development of rights in health care", International Journal of Human Rights in Healthcare, Vol. 15 No. 5, pp. 501-513. https://doi.org/10.1108/IJHRH-03-2021-0078

Publisher

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Emerald Publishing Limited

Copyright © 2021, Emerald Publishing Limited

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