Chapter 4. Freedom of research for scientists in the light of article 10 of the European Convention on Human Rights

Abstract

This paper highlights one of the vital questions in the area of medical ethics and human rights: “As we approach the twenty-first century, does freedom of research remain a fundamental right of scientists?” For some, it is certain that with the progress of biomedicine we can’t deny that there may be new threats and a need for new standards for this liberty, for others, the limitation of the freedom of research is impossible.
To clarify this problem, an analysis of the freedom of research is done from the point of view of the European Convention of Human Rights and the abundant jurisprudence of the European Court of Human Rights. This Convention was chosen because it ensures an effective observance of human rights at the European level and the Court has a large possibility to operate and enforce the current standards, as well as to structure the new ones.
The paper examines article 10 of the Convention, which protects freedom of expression in general, and by extension the right of scientists to carry out research and to communicate their results. The contribution of the jurisprudence of the Court – as described in the paper – enforces the development of the protection currently available in the area of biomedicine. Moreover, article 10 of the Convention also makes us aware of the essential question of restrictions and conditions of freedom of expression. Therefore, in view of this, the freedom of research of scientists may be subject to such limitation for reasons of protection of health or morals, protection of the reputation or rights of others and the protection of the dignity of others.