LEGAL ANALYSIS AND ECHR CASE-LAW THE USE OF MEDICAL SEDATIVE THALIDOMIDE

Abstract

The article is devoted to the essence of pharmacology (chemical structure, medical parameters) of the sedative medicine (thalidomide), which is highly teratogenic and can lead to serious negative consequences for the human body. The article provides a historical retrospective of the introduction of thalidomide into the medical market as a treatment for various diseases, such as asthma, high blood pressure, migraine, etc., followed by its use for mothers in the early stages of pregnancy, which subsequently led to congenital malformations in newborns. The article reveals a combination of complex aspects of human rights protection in the context of the use of the thalidomide sedative medicine and freedom of expression of the press through the receipt and transmission of information and ideas without interference by public authorities and regardless of frontiers. The article reveals the practice of the ECHR through the prism of the case "Sunday Times v. United Kingdom" (publication of the Sunday Times about the dangers of thalidomide, which led to litigation by the manufacturer and seller of the medicinal product) to the provisions of Article 10 of the European Convention on Human Rights, 1950 (freedom of expression), focusing on such aspects as: "proportionality", "necessity in a democratic society", "pressing public need", "foreseeability by law", "legality", "public interest", "access to information", "effectiveness of measures", etc. The importance of this case indicates the resonance of such a decision of the ECHR case law for the protection of press freedom and the right to information and its impact on legislation and human rights activities in general. The Court's position demonstrated that even in difficult situations where press freedom may conflict with other interests, it is important to maintain balance and equilibrium.