Area of Science:

• Human Rights Law
• Bioethics
• Comparative Law

Background:

• The European Court of Human Rights and the Inter-American Court of Human Rights address bioethical issues.
• Human dignity is a central concept in both courts' jurisprudence.
• Divergent interpretations of human dignity exist between these two courts.

Purpose of the Study:

• To analyze how the European and Inter-American Courts of Human Rights handle human dignity in bioethical cases.
• To compare the conceptualizations of human dignity ('Dignity-Freedom' vs. 'Dignity-Equality').
• To identify implications for human rights and propose improvements.

Main Methods:

• Comparative legal analysis of case law from the European and Inter-American Courts of Human Rights.
• Examination of judgments concerning bioethical issues.
• Thematic analysis of the concept of human dignity.

Main Results:

• The European Court emphasizes 'Dignity-Freedom', while the Inter-American Court focuses on 'Dignity-Equality'.
• These differing approaches lead to varied outcomes in areas like personal autonomy, health, and environmental rights.
• A too liberal interpretation of human rights by the European Court presents limitations.

Conclusions:

• Revisiting the concept of equal human dignity is necessary for the European Court.
• Specific tools can be employed to enhance the European Court's approach without altering its foundational principles.
• Aligning interpretations could lead to more consistent human rights protection in bioethical matters.