Salagay O.O. Legal approaches of the Council of Europe towards regulation of the aspects of the blood donation and its components

Abstract: The subject of this research is the complex of the legal norms, which were developed in the process of work of the Council of Europe and regulate social relations pertaining to the donation of blood and its components. This work analyzes the recommendations enacted by the Committee of Ministers of the Council of Europe on the various aspects of donation of blood and its components, the biggest part of which has not been translated into the Russian language until now; it also includes the key decisions of the Council of Europe on the human rights related to this topic. The Council of Europe became the first international organization that focused its attention on the issues of blood donation. The Convention for the Protection of Human Rights and Fundamental Freedoms, which acts as the juridical foundation of the human right advocacy of the Council of Europe, does not contain positions that would directly regulate the issues of donorship. This gap however, was later filled by the decisions of the Committee of Ministers, as well as the legal precedents of the European Court of Human Rights. This work is the first to analyze these documents, which allows forming the perception on the spectrum of norms of the Council of Europe that regulate the issues of blood donation.

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