Medical Cannabis in the Context of the European Convention on Human Rights: Balancing Personal Autonomy and the Interests of Society

Abstract

The article analyses the problem of medical cannabis within the framework of human rights and the jurisprudence of the European Court of Human Rights. The authors point to the tension between the individual’s right to autonomy and relief from suffering and the State’s obligation to protect public health. An analysis of the case law of the European Court of Human Rights shows that although the choice of treatment falls within the scope of the right to private life, States are granted a wide margin of appreciation – justified by the lack of a European consensus and the need to protect against risky therapies. In this context, the question arises as to whether, with the increasing liberalisation of regulations and growing social acceptance of medical cannabis, the Court, when adjudicating cases concerning access to medical cannabis, will lean more towards individual autonomy or towards the wide margin of appreciation of Member States in ensuring the protection of the public interest.