In this connection, certain elements of the preamble to the Oviedo Convention have never been more important, namely the importance of greater unity between member States for the maintenance and further realisation of human rights, the need for international cooperation, and the rights and responsibilities of all members of society.

Under the Oviedo Convention, member States are obliged to protect the dignity and integrity of everyone, without discrimination, with regard to the applications of biology and medicine. This obligation becomes particularly relevant in the event of a public health emergency, where certain individuals or groups may find themselves in a situation of vulnerability.

The Convention states that appropriate measures shall be taken - mindful of health needs and available resources - to provide equitable access to healthcare of appropriate quality (Art 3 Oviedo) which, in accordance with the person’s medical needs, shall be designed to improve his or her state of health or alleviate his or her suffering.

As a general rule, an intervention in the health field may only be carried out after the person concerned has given free and informed consent to it (Art. 5). In emergency situations, when doctors may be faced with a conflict of duties between their obligations to provide care and to seek the patient's consent, the Convention allows them, subject to meeting certain conditions, to carry out immediately without waiting for the patient’s consent, any medically necessary intervention for the benefit of the health of that individual patient.

Equally relevant, Article 10 of the Oviedo Convention re-affirms the right to privacy in the health field.

The Oviedo Convention provides for specific protective provisions for participants in biomedical research laid down in its Article 16 and 17. The Convention does not allow any restriction to the respect of these provisions, even if such research aims at the protection of public health (Art. 26 par. 2). The protection of participants in research is however further developed in the Additional Protocol to the Oviedo Convention concerning Biomedical Research, namely when it comes to research in emergency clinical situations.

Possible exceptions to the exercise to the rights and protective provisions laid down in the Oviedo Convention are provided in its Article 26. These exceptions are aimed at protecting collective interests and include the protection of public health. However, any such restriction to be admissible shall be prescribed by law and be necessary in a democratic society for the protection of the collective interest at stake. These conditions are to be interpreted in the light of the criteria established by the European Court of Human Rights in particular those of necessity and proportionality.