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May 6, 20260 citationsOpen Access

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

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DKDaria KisielewskMKMartyna KłujszaKMKamila Morawiec

Key Points

  • The article explores the intersection of medical cannabis use and European human rights law.
  • Analyzes case law from the European Court of Human Rights
  • Considers the tension between personal autonomy and public health
  • Evaluates the impact of societal acceptance on legal interpretations
  • Medical cannabis is considered under the right to private life
  • States have a wide margin of appreciation concerning health risks
  • Potential shift towards individual autonomy in future rulings on medical cannabis access

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.

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Cite This Study

Kisielewsk et al. (2026) studied this question.

synapsesocial.com/papers/69fa8e3804f884e66b5308cahttps://doi.org/10.15168/2284-4503-4056
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