Death Donation: The Position of Higher Courts on the Examples of Cases Against Latvia and Russia

DOI

10.2991/aebmr.k.200114.119How to use a DOI?

Keywords

european court of human rights, constitutional court of the russian federation, donation, presumption of consent, transplantation

Abstract

The author analyzed the decisions of European Court of Human Rights and Constitutional Court of the Russian Federation, made according to the cases, connected with a person’s organs and tissues donorship after death for their transplantation in order to define key, not regulated by the authority questions. In all cases state authorities-defendants stated that an intrusion upon applicants’ privacy in terms of organs or tissues seizure from the bodies of their relatives after death without their direct consent, given while relatives were alive, or prior informed consent of the applicants, correspond with the criterion, which is defined in item 2 of article 81 in Convention for the Rights and Fundamental Freedoms Protection. The plot of the claims, presented for consideration at European Court of Human Rights according to the discussed decisions, have much in common. In all cases state authorities-defendants stated that an intrusion upon applicants’ privacy in terms of organs or tissues seizure from the bodies of their relatives after death without their direct consent, given while relatives were alive, or prior informed consent of the applicants, correspond with the criterion, which is defined in item 2 of article 81 in Convention for the Rights and Fundamental Freedoms Protection. Having analyzed the materials of the cases and the decisions made by the courts, the author outlined the key problems legislative of these issues regulation.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - N.S. Gerasimenko
PY  - 2020
DA  - 2020/01/18
TI  - Death Donation: The Position of Higher Courts on the Examples of Cases Against Latvia and Russia
BT  - Proceedings of the First International Volga Region Conference on Economics, Humanities and Sports (FICEHS 2019)
PB  - Atlantis Press
SP  - 511
EP  - 515
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200114.119
DO  - 10.2991/aebmr.k.200114.119
ID  - Gerasimenko2020
ER  -