In the case of Mayboroda v. Ukraine the Court held that there had been a violation of the right to respect for private and family life as regards the failure to protect the applicant’s right to informed consent.

The case concerned the applicant’s allegation that her kidney had been removed without her consent or even knowledge during emergency surgery for internal bleeding.

The Court found that the authorities had not examined whether there had been a possibility to gain consent to the kidney removal and that the State had failed to set up an appropriate regulatory framework to protect the applicant’s right to informed consent.

Press release