Journal of the Charles University Law Faculty
Barbora Havlíková
Author’s affiliation:
Faculty of Law, Charles University in Prague
The right of access to genome editing technology in the light of case law of the ECtHR and the Constitutional court
Jurisprudence 6/2025 Section: Articles Page: 22-31
DOI: https://doi.org/10.71372/CSZM5904
Keywords: genome editing, right to life, right to health, right to private and family life, access, positive obligations of the state
Abstract: Genome editing offers new benefits in the fields of treatment and prevention of genetic disorders and in human reproduction. Among the state's positive obligations to protect life, health, as well as private and family life is the duty to appropriately regulate the healthcare system and support parenthood and family. This paper examines whether, and under what conditions, the state is obliged to ensure access to genome editing technology both as a life and health saving treatment and as a reproductive method enabling the birth of a biologically healthy child. The argument builds on the case law of the European Court of Human Rights and the Constitutional Court of the Czech Republic. The paper concludes that the state’s positive obligations do not automatically entail a right to access to new medical or reproductive methods. However, the state's discretionary power is constitutionally limited, and in future under certain conditions, a duty to ensure such access may arise.
