A review of judicial decisions by the European Court of Human Rights against Poland in medical cases in 2012 Cover Image

Przegląd orzecznictwa Europejskiego Trybunału Praw Człowieka wydanego przeciwko Polsce w sprawach medycznych w roku 2012
A review of judicial decisions by the European Court of Human Rights against Poland in medical cases in 2012

Author(s): Magdalena Zamroczyńska
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, International Law, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: judicial decisions;European Court of Human Rights

Summary/Abstract: The European Court of Human Rights (ECtHR) was established in 1959 for the purpose of examining individual complaints and international cases. The ECtHR ascertains the infringement of rights and freedoms on the basis of the Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on November 4, 1950 and entered into force on September8, 1953. Poland ratified this Convention on January 19, 1993. As stated in the preamble, the Convention provides for the protection of “the fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the human rights upon which they depend.” The Convention envisages uniform principles and standards in the field of human rights, which states are obliged to provide to every person under their jurisdiction. Verdicts issued by the ECtHR are binding and may provide arguments to introduce amendments in legislature and in practice, thereby making the Convention a powerful and vivid instrument of undertaking new challenges and consolidating the principles of rule of law and democracy in Europe. The paper presents selected verdicts issued by the ECtHR against Poland in 2012 in the cases involving medical doctors.

  • Issue Year: 4/2012
  • Issue No: 4
  • Page Range: 335-377
  • Page Count: 43
  • Language: Polish