This article reviews the evolution of the right to health during the pandemic of COVID - 19 in European States. Particular attention is paid to the legal regulation of the protecting the health of the EU citizens within the global health crises, as well as the answer to the question whether health protection is the duty of states and what legal sanctions could be imposed if the Government neglected this liability. The author examines the debate regarding the legal restrictions of the right to movement, the concept of the right to life, right to health and medical care in their close relationship. The author found out that despite the fact of existence a list of the legal source for public health, it is necessary to create new international legal instruments in this sector.