The analysis of practice of the european court on human rights and national courts in the sphere of organ transplantation

Abstract

This article is focused on the analysis of judicial practice in the field of protection of organ transplantation in both – within the EU and beyond. In the article the main basic reasons that can serve as a reason for applying to court for protection of the right to transplantation as part of the right to health are characterized. In addition, the article provides examples of court cases in the U.S. and the UK that illustrate the difficulties the courts and applicants faced with in the protection of right to transplantation. The article also notes the need for strict regulation of all aspects of transplantation and the formation of a single instrument (Guideline), which will provide the description of situations, in which a person can apply to the court for protection of violated right. Key words: organ transplantation, protection of the right to transplantation, court practice in the field of transplantation, the applying to the court.