COLLECTING ORGANS AND TISSUES: FROM WHICH RIGHT?

Abstract

By a double decision, the European Court of Human
Rights sanctioned Latvia for the non effectiveness of its
regulation on the removal of organs and tissues in protecting both the rights of the deceased as those of his/her close
relatives mainly in terms of consent, making it come
within the scope of Article 8 ECHR. Moreover, with the
second case, which involved sampling practices carried
out on a large scale by forensic doctors for the benefit of
the pharmaceutical industry, the Court also found a violation of Article 3 of the Convention, concerning the
existence of inhuman and degrading treatment supported
by the wife of the deceased.