Contested Health Rights in Europe: Emerging Principles in the Reasoning of the European Court of Human Rights

The European Court of Human Rights (ECtHR) plays an increasingly influential role in shaping health-related human rights in Europe, despite the absence of an explicit right to health in the European Convention on Human Rights (ECHR). This article examines how the Court adjudicates morally and legally contested health issues across six domains: physician-assisted dying, abortion, vaccination, place of birth, posthumous reproduction, and climate-related health risks. Drawing on comparative doctrinal analysis, the article identifies recurring patterns in health-related cases. These include an emphasis on procedural fairness, a tendency to frame harm in individualised terms, and deference to national scientific authorities. By tracing these patterns, the article clarifies how the Court navigates competing rights and interests in contested health cases. It also considers emerging challenges, such as litigation over artificial intelligence in healthcare, highlighting the ECtHR’s growing influence on the development of health law and policy through its interpretation of the ECHR.