Peculiarities of consideration of cases in the ECtHR regarding the protection of constitutional human rights related to the fourth generation of somatic rights
Peculiarities of consideration of cases in the ECtHR regarding the protection of constitutional human rights related to the fourth generation of somatic rights
Author(s): Tetiana Tarasevych, Tetiana Yuzko, Oksana Hrabovska, Olena Romanova, Kateryna LisovaSubject(s): Gender Studies, Human Rights and Humanitarian Law, Gender history, Philosophy of Law, Philosophy of Law, EU-Legislation, Sociology of Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: somatic rights; transplantation; euthanasia; reproductive rights; sex change; right to abortion;
Summary/Abstract: The issue of the emergence, development, and existence of the most relevant, but least doctrinally researched human rights, which constitute the so-called fourth generation of such rights, with the acquisition of their wide social prevalence, requires appropriate theoretical elaboration and legal regulation. Because the fourth group of human rights is quite controversial, the law as a system of norms should give a quick and adequate reaction to such drastic social changes through their normative consolidation, in particular, the transformation of the constitutional and legal status of a person. The practice of the European Court of Human Rights continues to acquire fundamental importance in the context of the study of modern standards of somatic human rights of the fourth generation, which we will dwell on in more detail in this study. The general scientific, group, and special scientific research approaches, methods, and techniques were the methodological basis of scientific research. The purpose of the article is to carry out a legal analysis of the issue of protection of somatic rights through the prism of the judicial practice of the ECtHR.
Journal: Tribuna Juridică
- Issue Year: 13/2023
- Issue No: 4
- Page Range: 644-667
- Page Count: 24
- Language: English