Is guaranteed by the European Convention if medical marijuana?
European Court of Human Rights considers the case of 3 Hungarian citizens, who complained to the court for violations of the right to respect for private life under article 8 of the European Convention in view of the fact that national legislation does not allow the use of cannabis or cannabinoids in purely medical purposes.
According to the case file (Rabovszky v Hungary and 2 other applications, NN 20440/15, etc...), Which were published today, all three applicants suffer from various diseases: epilepsy and personality disorder, systemic sclerosis, and multiple sclerosis, respectively. Presumably, these diseases can be treated or their symptoms may improve cannabis, but in accordance with the Hungarian law, any possession and use of cannabis is illegal.
At the same time the first applicant was convicted of possession of marijuana, which, in his words, he cultivated and used in part to alleviate the symptoms of his disease.
So, in this case, the Court asked the Hungarian authorities to the following questions: "Consider whether the national authorities had any possibility to allow the medical use of marijuana or cannabis, and if so, what were the motives of their decision in this respect whether the applicant had a statutory right? ask for as an exception to allow them to use products containing cannabinoids, and if so, whether they exercised this right? Where in this case are the limits of freedom of the state of appreciation? ".
Information taken from the site http://tku.org.ua