Year: 2026
Type: article
Abstract: The paper examines the issue of cannabis-based medication in the case-law of the European Court of Human Rights. The aim of the text is to identify legal standards and obligations of the Council of Europe Member States arising from the Convention for the Protection of Human Rights and Fundamental Freedoms regarding access to cannabis-based treatment. Through a qualitative analysis of case-law, the author explores the intersection between the patient’s personal autonomy and the state’s discretion to regulate narcotics. The analysis confirms that although the Convention does not explicitly guarantee a right to health, the issue of medical cannabis use falls under the scope of Article 8 (right to respect for private life). While states enjoy a wide margin of appreciation in health care policies and narcotics regulation, they are obliged to ensure a predictable and effective legal framework and to fairly balance the interests of the individual against those of the public when sanctioning cannabis use for medical purposes.
Source: AUC IURIDICA
Author: Romana Gulášová
Language: English
Subfield: Pharmacology
Field: Medicine
Domain: Health Sciences
Open Access status: diamond
OpenAlex ID: W7204889255