Diagnostyka preimplantacyjna a „prawo do zdrowego dziecka” w kontekście Konwencji o ochronie praw człowieka i podstawowych wolności
Preimplantation diagnosis and “the right to a healthy child” under the Convention of Human Rights and Fundamental Freedoms

Summary/Abstract: The aim of the article is to analyze the freedom of states-parties to the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 in the scope of pre- implantation diagnosis and to answer the question of whether or not the Convention includes the “right to a healthy child”. The analysis of the case law, particularly the Costa and Pavan judgment (application no. 54270/10) confirms a praetorian approach of the European Court of Human Rights to the interpretation of the right to the respect of private life, which comprises, i.a., the right to bring a child into the world who is not affected by the illness that the parents carry as well as the right to technical means to realize it, including preimplantation diagnosis. The Costa and Pavan judgment does not determine whether or not Article 8(1) of the Convention grants “the right to a healthy child” or “the right to a genetically healthy child”, but may be a step in the direction to accept it. According to the author, it raises concerns, because it strengthens the basis for the legitimacy of a certain kind of eugenic pratices.

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