ABSTRACT

Within the Council of Europe, issues relating to social and economic rights were originally seen as falling within the remit of the European Social Charter, the sister treaty to the European Convention, which came into force in 1935. It has been described as curious that Article 2 of the Convention guarantees that 'everyone's right to life shall be protected by law', but, unlike other Convention provisions, it does not recognise the existence of the right to life itself. There is clearly no right to an adequate standard of health or health care under the European Convention. Immunisation plays a significant role in preventive health care world-wide and its impact in the reduction of death and serious diseases among children is well documented. Although the child's right to health is not guaranteed under the Convention, Article 8 justifies the removal of the child from his/her family where it is necessary to protect the child's health or well-being.