https://doi.org/10.4081/mem.2025.1643

Balancing the right to privacy with the needs of organ transplantation: the European context and ECtHR case law

Vol. 74 No. 2 (2025)
Published: June 5, 2025
human rights, human rights generation, transplantation, right to privacy, ECtHR
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Authors

Tetiana Tarasevych
Loginova60@ukr.net
Department of Law, Khmelnytskyi National University, Khmelnytskyi, Ukraine.
Olha Strieltsova
Department of International and European Law, Faculty of Law and International Relations, State University “Kyiv Aviation Institute”, Kyiv, Ukraine.
Oksana Hrabovska
Department of Civil Procedure, Educational and Scientific Institute of Law, Taras Shevchenko National University, Kyiv, Ukraine.
Olena Zakharova
Department of Civil Procedure, Educational and Scientific Institute of Law, Taras Shevchenko National University, Kyiv, Ukraine.
Ruslan Panchyshyn
Department of Constitutional, International Law and Public Law Disciplines, Kyiv University of Intellectual Property and National University Law “Odesa Law Academy”, Kyiv, Ukraine.

The likelihood of developing diseases that may require transplantation progresses, which further emphasizes the importance of this issue in the modern medical discourse. However, this medical practice also gives rise to numerous legal and ethical dilemmas, especially in the context of protecting the personal data of donors and recipients. Europe, with its diverse legal systems and cultural values, faces unique challenges in this area. The purpose of the article is to analyze the legal aspect of ensuring the right to privacy, as well as the legislative regulation of organ transplantation. This article examines how European legislation and case law affect transplantation activities and assess how the ethical and legal dilemmas that arise in this context can be resolved.

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How to Cite

Tarasevych, T., Strieltsova, O., Hrabovska, O., Zakharova, O., & Panchyshyn, R. (2025). Balancing the right to privacy with the needs of organ transplantation: the European context and ECtHR case law. Medicina E Morale, 74(2), 271–291. https://doi.org/10.4081/mem.2025.1643
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