Right to organ transplantation in the European Union

The right to health care occupies a special place in the system of fundamental social rights. Health is one of the highest values of human life. The right to health care includes right to organ transplantation and, respectively, right to organ donation. In some cases only through transplantation it is possible to save lives and to restore the basic functions of a human body. Obviously, the need for legal regulation of organ transplants and tissues particularly acute at the stage of clinical transplantation, when the rise of medicine and jurisprudence was grounded idea of the necessity of legal protection of all participants of transplantation - donor, recipient, and health professionals. Understanding the patterns of this process contributes to the effective improvement of the legal framework that regulates medical practice in general. However, existing legislation does not meet the objective needs of patients' rights in the rapid scientific and technological progress and needs the improvement in terms of legislative technique.