Ewolucja zdrowia jako kategorii prawnej w systemie ochrony praw człowieka Rady Europy

Abstract

The aim of the article is to show the evolution of health and its place in the Council of Europe human rights protection system. The author analyses the main legal acts: European Convention on Human Rights, European Social Charter, European Convention on Social and Medical Assistance, Medicrime Convention and many others. The author shows the evolution and approach to health of the Council of Europe institutions: Committee of Ministers, Parliamentary Assembly of the Council of Europe, European Court of Human Rights, The European Directorate for the Quality of Medicines, The Steering Committee for Human Rights. In the light of the above analysis legal protection of human right to health remains unsatisfactory. The European Convention on Human Rights does not guarantee a right to health-care or a right to be healthy. This is guaranteed, however, by other documents. From European legal perspective only an integrated approach to human right to health, taking into account both civil, political, economic, social and cultural rights, seems the most stable response to health care needs.