O. Shevchuk, S. Davydenko, Iryna Borodina, O. Berezhnyi
2026.2.15Polski Merkuriusz Lekarski
Résumé tlooto
The study highlights cases of failure to fulfill negative obligations of a material nature of the studied right of individuals and proposes an approach in which adherence to the principle of the supremacy of the law under study, taking into account the practice of the European Court of Human Rights, is the basis for respecting human rights and freedoms.
Résumé
OBJECTIVE Aim: To investigate the negative and positive obligations of the state in ensuring the right of an individual to respect for human dignity in medical and legal relations, taking into account the practice of the European Court of Human Rights, and to reveal the protection of this right among drug addicts.
PATIENTS AND METHODS Materials and Methods: The research methodology involves the analysis of national regulatory provisions, international treaties, legislative acts of Ukraine, and legal positions of the ECHR on the problems of implementing the right to respect for human dignity in medical and legal relations, as well as the case law of the European Court of Human Rights. Data analysis was conducted using open sources, mainly for the period 2010-2025. The main search keywords were "ECHR", "protection of rights", "health care", "legal regulation", "the right of an individual to respect for human dignity". The search criteria focused on modern scientific approaches and practical experience in ensuring the right of individuals to respect for human dignity in medical and legal relations. Sources that do not focus on medical-legal relations, that do not take into account the current practice of the ECHR, that do not comply with international human rights standards, legal acts or regulatory documents that contradict the practice of the ECHR were excluded from consideration.
CONCLUSION Conclusions: The study highlights cases of failure to fulfill negative obligations of a material nature of the studied right of individuals, among which the following are identified: improper performance by officials of their duties due to inaction (failure to provide medical services, which led to serious consequences); improper performance of official duties by officials of state bodies, as well as unlawful actions of law enforcement agencies of a deliberate nature (physical and psychological violence against persons in custody). An approach is proposed in which adherence to the principle of the supremacy of the law under study, taking into account the practice of the European Court of Human Rights, is the basis for respecting human rights and freedoms.
Format de citation
SHEVCHUK, O., et al. Protection of the right to human dignity in medical relations in the practice of the European court of human rights. Polski Merkuriusz Lekarski, 2026, 54 1(1): 60–65.