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There is little consensus between European States regarding the legal treatment of surrogacy in general and of transnational commercial surrogacy in particular. Against this background, the jurisprudence of the European Court of Human Rights (ECtHR) in this matter is of particular significance since it provides some common ground for the legal treatment of transnational commercial surrogacy in Europe. For this reason, the present paper will outline the development of the jurisprudence of the ECtHR on transnational commercial surrogacy, giving particular attention to the Mennesson and Labassee decisions, the Paradiso / Campanelli case, and the 2019 Advisory Opinion. On this basis, it will conclude by underlining the importance of the best interests of the child principle in the jurisprudence of the ECtHR on transnational commercial surrogacy. [ABSTRACT FROM AUTHOR]

The paper addresses the issues of admissibility of human embryo research and the legal protection to be recognized, in light of the growing importance that scientific research has been gaining in the clinical and biomedical fields of embryonic stem cells for therapeutic purposes. As for human embryo experimentation, particularly on cryopreserved supernumerary embryos, European legislation varies, since the European Court has granted member States a wide margin of appreciation. Some countries, including Italy, have strict legislation protecting embryos from the fertilisation stage, whereas others have taken permissive approaches, allowing experimentation until 14 days after fertilisation. Science, however, has shown that the 14-day limit can be moved. The author finds it necessary to achieve broad international consensus and shared regulations. Lawmakers, however, need to balance respect for the principle of life, represented by the embryo, against scientific needs, in order to devise sound regulations safeguarding both apparently conflicting fundamental values. [ABSTRACT FROM AUTHOR]

Over the past decades, the number of effective and safe child vaccines available has increased. Yet, more and more parents have become concerned about vaccine safety. The authors address the following question: are vaccinations, especially in children, to be considered as mandatory treatment or should parents be entitled to choose whether to have their children vaccinated or not? In Europe, eleven countries have instituted mandates, whereas others have opted for mere recommendations and rely on information campaigns. Italy is one of those which have recently enacted legislation designed to broaden the scope of mandatory vaccinations. The paper's authors argue that it is certainly hard to draw the line between individual and collective rights, yet it is incumbent upon state authorities to foster the common interest and the public good, which gives governments a right and an obligation to promote immunisation, at least until the safety threshold is reached. [ABSTRACT FROM AUTHOR]

With rapid scientific and technological advances, a new genetic era is emerging. However, these advances raise ethical and legal issues, particularly genetic discrimination, that may threaten advancing science in the absence of appropriate regulation. There is currently no concrete legislative position in this area at EU level, but rather a patchwork of diverging legislative approaches amongst Member States. Genetic discrimination has been singled out as an area of reform in Europe as evidenced, for example in EU Charter of Fundamental Rights, Article 21.1 prohibiting discrimination based on ‘genetic features.’ The United Nations Convention on the Rights of Persons with Disabilities also informs this debate and may spur legislative action. From a transatlantic perspective, the United States’ federal legislation (Genetic Information Non Discrimination Act) is noteworthy. Considering scientific and technological developments, the rights at stake and the various regulatory benchmarks, this paper explores the regulation of genetic information in the EU. [ABSTRACT FROM AUTHOR]

This article aims at opening discussions and promoting future research about key elements that should be taken into account when considering new ways to organise access to personal data for scientific research in the perspective of developing innovative medicines. It provides an overview of these key elements: the different ways of accessing data, the theory of the essential facilities, the Regulation on the Free Flow of Non-personal Data, the Directive on Open Data and the re-use of public sector information, and the General Data Protection Regulation (GDPR) rules on accessing personal data for scientific research. In the perspective of fostering research, promoting innovative medicines, and having all the raw data centralised in big databases localised in Europe, we suggest to further investigate the possibility to find acceptable and balanced solutions with complete respect of fundamental rights, as well as for private life and data protection. [ABSTRACT FROM AUTHOR]

The right to health, as a right to healthcare, represents the most expensive social right in Europe, significantly affecting the total budget of the Member States, both in universal and insurance healthcare systems. No healthcare system provides unlimited healthcare resources to all its users. The resources available for healthcare are limited compared with demand, and all healthcare systems, regardless of their financing and organisation, employ mechanisms to prioritise finite healthcare resources. The progressive increase in healthcare costs in a context of scarce resources, worsened by the fiscal crisis of the 1990s and economic crises spreading in Europe since 2007, has highlighted the ever more urgent need to address the fundamental issues of resource allocation and priority-setting at both European and national levels. Hence, priority-setting is arguably one of the most important health policy issues of our time at global, European and national levels. [ABSTRACT FROM AUTHOR]

The article offers information on the human rights cases filed in the European Court of Human Rights. Topics discussed include court case Mifsud v. Malta filed in a court on January 29, 2019 over violation of Article 8 of the European Convention; case of Fernandes de Oliveira v. Portugal over alleged violation of Article 2 of the Convention; and case of Rooman v. Belgium over alleged violation of Article 3 of the Convention.

This article examines the relationship between the existence of control rights and property in separated human biomaterials. Much of the theory as to what constitutes property is examined and it is contended that Article 22 of the Convention on Human Rights and Biomedicine does not presuppose property in such materials. An analysis is undertaken of the case-law relating to control and property in sperm and embryos from the UK, Australia and the US and the shortcomings of utilising the property paradigm in these disputes are highlighted. [ABSTRACT FROM AUTHOR]

Advances in technology are transforming the way that health data is collected and used. This includes improvements in existing technology as well as innovations in mobile technology such as smartphone apps and wearables. Health data is strictly regulated under the EU Data Protection Directive 95/46/EC. Under current data protection rules, health data is broadly interpreted and will, in most circumstances not connected to the provision of healthcare, require organisations to obtain explicit consent from individuals for its collection and use. Further data protection compliance issues arise such as identifying who is a controller, ensuring transparency, using health data for research purposes and keeping health data secure. As the EU data protection landscape is due to change in the next few years and will affect the collection and use of health data, the forthcoming Data Protection Regulation also deserves attention. [ABSTRACT FROM AUTHOR]

In this article, the phenomenon of unsolicited findings will be explored in the context of European and Dutch legal standards. It focuses on the responsibilities of care providers, and the rights of patients' when unsolicited findings are discovered during regular diagnostics. On the basis of the latter, I will suggest some guidelines for the handling of unsolicited findings in clinical care; in doing so, some attention will be paid to the research context. [ABSTRACT FROM AUTHOR]

In this article convergence in European countries' legislative rules concerning the use of embryos in research is studied by looking at how such rules have been formulated in France, Germany, the Netherlands and the United Kingdom. An answer will be given as to whether these countries' rules concerning the use of embryos in research have converged and if so what direction this convergence has taken, either liberalization or an extension of moral regulation by the state. This analysis shows to some extent that liberalization of the legislative rules concerning the use of embryos in research has taken place in these countries but also exposes how EU research funding policy has slowed it down. Subsequently, attention will be paid to the driving forces behind the liberalization as well as the countering forces it evokes. [ABSTRACT FROM AUTHOR]

The role of the Council of Europe (CoE) in tobacco control remains largely unexplored. This paper aims to fill this gap, focusing on the CoE's European Social Charter. Article 11 of the Charter protects the right to health, and adequate tobacco control measures are necessary to respect this article. This paper examines the potential and limits of the Collective Complaints procedure, one of the two monitoring mechanisms of the Charter, as a means to evaluate the compliance of national tobacco control measures with Article 11. It demonstrates that, so far, this mechanism has never been used in this way. However, although the Collective Complaints procedure presents several drawbacks, it should not be underestimated. Indeed, it possesses certain features, such as the collective nature of the complaint and the lack of the requirement of the exhaustion of domestic remedies, which might make it a particularly suitable tool for the abovementioned purpose.