Challenges to the protection of the child’s right to health

ENThis chapter examines the challenges involved in realising the child’s right to health, with a particular focus on Central and Eastern European (CEE) countries, and Lithuania. The realisation of the right to health entails not only effective access to high-quality health services guaranteed by law, but also the assurance that the child receives healthcare that is in his or her best interests. According to national constitutions and the United Nations Convention on the Rights of the Child, parents bear the primary responsibility for the upbringing of their child and are expected to fulfil this responsibility in good faith. This chapter explores the limits of parental rights, the tensions, and the necessity of striking a fair balance between the interests of parents and children, as well as the balance between the right to privacy, autonomy and the right to information, through an analysis of academic commentary and the jurisprudence of the European Court of Human Rights. It also examines the legal requirements for informed consent in relation to medical examination, treatment, vaccination, and biomedical research, with particular emphasis on the importance of involving the child in the decision-making process, thereby enhancing the child’s competencies and medical literacy.