Generation Of Human Rights Research Articles

Unveiling human rights protection in China from the perspective of criminal procedure law

Abstract A significant portion of the misunderstanding surrounding China’s human rights protection stems from a failure to consider its legal progress in light of China’s unique cultural, ideological, and political contexts. The Criminal Procedure Law of China is closely linked to constitutional principles and the fundamental first generation of human rights, providing a clear framework for understanding China’s efforts in human rights protection. As widely accepted standards for human rights codification, Articles 9, 17, and 14 of the International Covenant on Civil and Political Rights (ICCPR) outline the right to personal liberty, privacy, and the defense of the accused. Initially, China’s Criminal Procedure Law of 1979 fell short of meeting these global standards. However, with substantial revisions in 1996, 2012, and 2018, this specific code has progressively aligned with the covenant’s requirements, marking significant strides in human rights protection in China. Despite these advances, there remains room for improving the Criminal Procedure Law, especially under the challenges of the digital age. China, alongside other nations, will focus on building a more comprehensive, robust, and globally integrated legal framework to address the forthcoming issues.

Profile of human rights defenders in the Maghreb: the case of the Tunisian human rights league

ABSTRACT Since the 1980s, human rights activists have constituted political agenda-setting groups in the Maghreb countries, mainly following the international turn towards human rights in the post-Cold War decades. Despite this fact, only scarce attention has been paid to their social and professional background. The article explores this topic and provides hitherto unpublished data about the first generation of human rights activists in Tunisia, in particular the members of the Tunisian Human Rights League (LTDH). Its members were a product of post-colonial Tunisia’s investment in (higher) education, teachers and professors, white-collar public servants, lawyers, doctors and journalists. They formed a committed, intellectual elite concerned with relationship between the state and citizens, seeking to influence public policies, carve out public, independent political spaces and get a share in the management of state affairs. Factual evidence surrounding human rights activists in Morocco and Algeria suggests they shared the same characteristics as LTDH members. Given the human rights situation in the Maghreb countries, the article suggests more research should be done about how human rights activists could more effectively link-up up with moral activism of social–professional groups that are absent from the human rights organisations.

The fourth generation of human rights: European standards and national experience

The generational classification of human rights is a vital and necessary instrument for examining the development of legal paradigms. This approach facilitates a deeper understanding of the evolution of notions and theories within the domain of human rights, while also pinpointing key differences among different stages of this evolution. Giving particular generations rights enables us to monitor how society adopts and acknowledges novel facets of legal consciousness and assurances. The authors utilize various scientific methods, including analysis, synthesis, induction, and deduction, as well as historical and legal, formal legal, comparative legal methods to examine the fourth generation of human rights. The article aims to investigate the nature of these rights, pinpoint the particular rights of this age, and examine European norms pertaining to these rights. The paper also attempts to evaluate the chances for these rights’ legislative realization in Ukraine, both now and in the future. The article’s conclusions and suggestions are intended to serve as a theoretical and methodological foundation for legislation that will enhance the political and legal framework of the Ukrainian State. This is particularly true for programs aimed at addressing the deficiencies in the area of somatic human rights protection and ensuring at the national level.

Fourth Generation Human Rights in View of the Fourth Industrial Revolution

We are at the dawn of the Fourth Industrial Revolution, characterised by the interaction of so-called disruptive technologies (biotechnology, synthetic biology, nanotechnology, neurotechnology and artificial intelligence). We believe that the challenges posed by technoscience cannot be met by the three generations of human rights that already exist. The need to create a fourth generation of human rights is, therefore, explored in this article. For that purpose, the state of the art will be analysed from a scientific and ethical perspective. We will consider the position of academic doctrines on the issues that a fourth generation of human rights should tackle. And, finally, in this fourth generation, we will propose the principles of identity and precaution as reference values, equivalent to the role played by freedom, equality and solidarity in the first three generations of human rights.

Transformation of the content of human rights under the influence of globalisation

Human rights have transcended the realm of individual-state relations, becoming a constructive element of state legal systems and promoting the integration of social and legal relations, leading to the emergence of previously unknown human rights. Therefore, it is necessary to develop a legal understanding of them, considering contemporary realities. The purpose of the study is to describe and characterise the latest human rights within the framework of the general theory of law and the state. The methodological basis of the study is civilisation and socio-philosophical approaches, within which analysis, synthesis, and modelling methods were used. The essence of distinguishing generations of human rights boils down to the gradual realisation and resolution of issues of human legal status in a changing reality. Social relations, complicated by historical development, will give rise to new problems in human legal status. Attention is drawn to the close connection of human rights with the sphere of health protection, which arose as a result of scientific and technological achievements in biology and medicine, discussing rights to artificial insemination, euthanasia, organ transplantation, cloning, and gender change. The impact on fundamental human rights through the digitisation of law is analysed. The idea of the universality of human rights harmoniously interacts with the universality of digital technologies, so in the era of digitisation, the content of human rights and the related values do not change, and human rights themselves can become a unifying target perspective in determining attitudes towards new technologies. The main trends in the development of human rights in the conditions of globalisation are modelled, including the universalisation and unification of human rights, the complication of mechanisms for ensuring human rights at the international level, and the increasing importance of judicial law in protecting human rights at the supranational level. The paper focuses on the dependence of globalisation processes on transforming national legal systems in war conditions. The practical value of the study lies in its potential to incorporate the trends in human rights development within the context of globalisation into specific topics covered in courses on state and legal theory, philosophy of law, and the creation of relevant educational and methodological resources

THE ANALYSIS OF HUMAN RIGHTS ‘INFLATION’ IN THE CONTEXT OF EVOLVING INTERNATIONAL REGIME OF WOMEN’S RIGHTS

Without a doubt, the concern about ‘human rights inflation’ reflects the modern world’s increasing ambition, breadth and complexity in developing the human rights regime. This rapidly expanding catalogue of rights has generated discussion about human rights proliferation, devaluation and too vast interpretation. Consequently, some critics perceive new generations of human rights as less relevant, which ultimately is supposed to alter their purpose, legitimacy, and effectiveness. This article seeks to disentangle the inflation objection from other concerns about rights expansionism and to critically assess it. Therefore, it will both analyze the phenomenon of rights inflation as well as evaluate its scope of implication based on the progressive development of women’s rights in the domain of gender-based violence and conflict-related sexual violence. The article will also analyze examples of possible regresses of women’s rights in the topic of reproductive rights based on constitutional court decisions in the United States and Poland. To underline only a few examples, the most striking ones will be presented and they will relate to (i) the evolution of women’s rights invigorated by the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the interpretation of its provisions by the CEDAW Committee, (ii) the recognition of the crime of sexual violence in armed conflicts as well as a more accurate definition of the crime of rape and lastly (iii) the exponential progress of second generation rights, which include social, economic and political emancipation of women. The article will reach its conclusion by explaining the importance of generating a sense of closure in human rights interpretation through drawing strict boundaries around the corpus of ‘proper’ human rights without entitling to a suspicion of claims of too far-reaching cultural and political transformations within societal structure. Instead of calling it human rights devaluation, the author argues that it should be perceived as human rights evolution, which encompasses both a constant adjustment and reinterpretation of rights according to the rapidly changing world as well as the way people understand it.

ИСКУССТВЕННЫЙ ИНТЕЛЛЕКТ И ЦИФРОВЫЕ ТЕХНОЛОГИИ КАК ФАКТОРЫ ФОРМИРОВАНИЯ НОВОГО ПОКОЛЕНИЯ ПРАВ ЧЕЛОВЕКА И ГРАЖДАНИНА: ТЕОРЕТИКО-ПРАВОВОЙ АНАЛИЗ

This article is devoted to the study of the possibilities of artificial intelligence in the field of ensuring and protecting human rights and freedoms. The main threats and risks of digitalization arising in the process of protecting human rights and freedoms are considered. In particular, the rights to Internet access, privacy rights, rights to personal data protection, etc. The available possibilities of using artificial intelligence in the field of human rights protection are analyzed and possible ways of their development are determined. Within the framework of this article, it is proposed to consider digital rights as a new generation of human rights that needs theoretical and legal construction and constitutional legal consolidation. Accordingly, the authors of this article aim to analyze the legal structure of «digital rights» in the public legal dimension in the context of the influence of artificial intelligence and digital technologies on them. The methodological basis consists of formal legal, systemic and comparative legal methods. The axiological approach used by the authors is of great importance for the analysis of the current state of the legal status of a person and the prospects for its improvement in the conditions of digital reality. The analysis of a significant array of international legal documents and Russian normative legal acts allows the authors to substantiate the emergence of a new category of human and civil rights - digital, in need of constitutional and legal consolidation.

“Generations of human rights” in Ukrainian scientific and political discourses

“Generations of human rights” in Ukrainian scientific and political discourses

Ku ustawie z 17 maja 1989 r. Ewolucja postaw władzy wobec Kościoła i idei wolności sumienia i wyznania w Polsce

Freedom of conscience and belief belongs to basic human rights. Furthermore, they stay under the influence of individual generations of human rights, European and international law, judgments of courts and constitutional tribunals. Freedom of conscience is identical to liberty of thoughts and beliefs. These rights are guaranteed by countries and are determinant of their rule of law. On the 17th of May 1989, the Sejm of the Polish People’s Republic adopted a law on guaranteeing conscience and belief freedom. The purpose of this elaboration was to present the evolution of the attitude of the socialist country authority towards the Church and the idea of the freedom of conscience. There were also selected premises that contributed to the elaboration of this act: documents of international law and political trials that had an impact on the authority’s attitude. Attention was paid to the difficult relationship between the Church and the country in the 40s and 50s and the effect of human rights development, that was implemented by international organizations, particularly by ONZ, UNESCO, and CSCE on warranty policy for conscience and belief freedom in Poland. The country-Church relationship was shown in the declining period of PPR. The process of preparing the law from 17 May 1989 was examined.

Neo-liberalism, human capital theory and the right to education: Economic interpretation of the purpose of education

With the end of WW II, a new world order emerged that recognised the significance of human rights as part of the remedial measures to institute global peace. This is recognised in Articles 1(3), 13(1)(b) and 55(c) of the 1945 United Nations Charter. Thereafter, the human rights ideals recognised by the UN Charter were codified into the Universal Declaration of Human Rights (UDHR) 1948 (Fait, 2015: 26). Despite not having a binding force, the UDHR became a standard-setting instrument covering all generations of human rights including the right to education. Later, two distinct treaties – i.e., the International Covenant on Civil and Political Rights (ICCPR) 1966 and the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 were adopted as a follow-up to the UDHR. Articles 13 and 14 of the ICESCR made more expansive provisions on the right to education than Article 26 of the UDHR. However, the adoption of policies driven by neoliberal ideals and associated neo-classical economic principles in the delivery of education has brought education under market forces, encapsulating it with an economic purpose. This makes education central to the realisation of the neoliberal ideology as schools focus on teaching technical skills and knowledge necessary for the achievement of the economic purposes of education. This paper argues that while the economic purpose of education which is in line with neoliberal and associated neo-classical economic principles is germane for states’ economic development, a holistic approach is consistent with the human rights purpose of education.

The right to peace: modern approaches to legal understanding

The article defines the right to peace in the context of the third generation of human rights, i.e. rights, the subject of which is society as a whole. It is determined that the right to peace is an international collective right, which is based on ensuring the prerequisites for a safe, stable, and dignified life of human societies away from the dangers and disasters of wars, as well as the consequences and dangers of armed conflicts, in the light of the basic requirements that arise from the idea of ensuring achieving security of human rights, non-violence, achieving development, environmental protection and other elements that cannot be separated from the right to peace.
 The author lists the characteristics of the right to peace as a third-generation right, namely: the international nature of the organization, collectivity, protection from the provisions of international law, and subsidiarity compared to the rights of other generations.
 The essential characteristics of the right to peace are determined, in particular the interrelationship of peace with other fundamental human rights, as well as the interdependence of all states in the aspect of ensuring the right to peace. The author proves the thesis that the right to peace is the duty of all states because the existence of a conflict between two parties determines the disturbance of peace and stability beyond the borders of the conflicting parties.
 The means of ensuring the right to peace and measures taken by the United Nations to maintain and establish peace and security, i.e. effective and collective measures to prevent and eliminate threats to peace and to achieve it by peaceful means and in accordance with the principles of justice and international law are described. The characteristics of peacekeeping operations and monitoring missions, the latter of which took place for settlement between Ukraine and the Russian Federation, are given.

Environmental Protection in the Field of Human Rights

In the field of science, human rights and environmental protection are multidisciplinary fields. Hence different approaches to their interaction. In the context of the historical development of human rights, the right to a healthy environment belongs to the third generation of human rights. Due to the increase in industrialization around the world and the use of technologies which main feature is the easy availability and low cost of raw materials and processes, a number of global environmental problems have appeared (ozone depletion, global warming, climate change, etc.) which required a global response. The previous approaches (Stockholm Conference, etc.) were not enough, a new concept was needed that prevents the emergence of problems. A new concept, called sustainable development, implies economic development without permanent impact on the environment. Through the principle of sustainable development, the last UN concept for environmental protection and improvement of society in all segments was formulated, called Agenda 2030. BiH is a signatory to the agenda, but main driver of progress in the field of environmental protection and human rights is BiH’s aspiration to join the EU. One of the key meeting points of human rights and environmental protection should be the rights of activists for environmental protection, resolving their legal status through a law that will recognize their importance. The EU is specifically working on this, so it is expected that BiH will also make progress in the field of better status of activists for environmental protection, through the process of joining EU.

New challenges of the fourth generation of human rights: the right to samesex marriage

New challenges of the fourth generation of human rights: the right to samesex marriage

KELINDAN ANTARA ‘HAK NEGATIF’ DENGAN ‘HAK POSITIF’ DALAM DISKURSUS HAK ASASI MANUSIA

This paper examines the conceptual dichotomy between ‘negative right’ and ‘positive right’ in the current discourse of human rights. The dichotomy has been embedded due to the historical description of generations of human rights, encompassing the civil and political rights that have liberalism influences, to the economic, social, and cultural rights that have socialist influences, and the last generation of rights being the collective and solidarity rights. This paper analyses the dichotomy from the standpoint of the right to development, with some pivotal approaches, including conceptual, case law, and comparative constitutional law approaches. It concludes that the dichotomy can only be used in a teaching and pedagogical setting of human rights, but the dichotomy cannot sustain the test in theoretical-conceptual and practical analyses.

Review: Saskia Stucki, One Rights: Human and Animal Rights in the Anthropocene

Animal rights law is in need of an update. Many of its central theories were developed over 20 years ago, meaning that they fail to take account of issues that, in today’s society, are inextricably linked to the question of animal rights. Conspicuously absent in this regard is the relevance of the current climate change emergency. Saskia Stucki’s recent book ‘One Rights: Human and Animal Rights in the Anthropocene’ aims to put animal law in its contemporary context by framing animal rights as a new generation of human rights, proposing a novel paradigm of ‘One Rights’ for the Anthropocene. With its sharp and in-depth engagement with animal law literature, as well as human rights law scholarship, it provides a much-needed and nuanced view of animal rights in the 21st century.

Systemic Dilemmas and Practical Responses of Digital Human Rights Theory in the Context of Smart Society: A Literature Review

In the context of the accelerated development of digital technology represented by the Internet, big data, cloud computing and artificial intelligence, and the world's digitalization, the concept of "digital human rights" has emerged and attracted widespread attention in the academic community. However, up to now, there is no relatively unified concept of digital human rights in the academic circle, and there is a wide conflict over whether digital human rights can constitute the "fourth generation of human rights". In the context of digitalization, people's ways of living and exercising their rights are being reshaped or even replaced, and the protection of digital human rights has been put on the agenda. However, it is difficult to find a path to protect digital human rights when the academic community has not yet reached a consensus. These several issues affect each other and are interlinked. Different preferences for the definition of digital human rights will directly affect whether digital human rights are considered to be the fourth generation of human rights, and this will further affect the way we adopt to guarantee digital human rights, and whether it is effective and feasible. The rapid development of digitalization has built a digital space that is different from reality, which not only overturns the original rules and order, but also provides us with a new way of exercising rights, so digital human rights should be considered as the fourth generation of human rights. On this basis, I think we should first start to take some concrete initiatives, including the formulation of laws and regulations regulating the application of digital technology, the establishment of relief institutions

Epistemology of the genesis and evolution of new, fourth and fifth generations of human rights

Considering today's processes of civilizational development of mankind and the obstacles that stand in the way of its further evolution, this research has a purely close connection and complementarity with the integration of sciences (scientific-theoretical and methodological justification) and practice (introduction and realization of components of new generations ).
 The author of the study makes an emphasis, namely: when solving this problem, a comprehensive approach is necessary, where in the process of historical development of human civilization, human rights and freedoms, there must always be a person. It is the epicenter of consideration of problems, and therefore the analysis is carried out and revealed in the plane of anthropocentrism: the place and role of man in the system "Man - society - state" and the development of civilizational processes on the planet.
 The scientist reveals the essence of the problem, the state of its research and draws conclusions against the background of globalization processes. And relations between the states of the world, as we have already noted, scientific and technical progress in various areas of social life also require new legal relations in order to provide humanity with legal norms for solving problems that have arisen at the modern stage of civilizational processes.
 The process of the evolution of rights takes place in accordance with the multifaceted development of human civilization and is an integral priority of the protection of a person as the highest social value - the creator of material and spiritual goods and values, and as a subject of legal protection. Human rights are expanding, their content and scope are being improved in accordance with modern needs and with the aim of realizing the concept of social justice.
 The concept of rights is developing, supplemented with new components, because the dynamics of life puts forward new and new requirements for ensuring human rights and freedoms in the 21st and following centuries.
 The researcher convincingly proves that the realization of the rights of the fourth generation proves that their moral and ethical aspects have already passed and will pass into the problems of the fifth generation, which will also need to be solved in an integrated manner. She notes that it will be difficult to find simple solutions right away.
 The researcher indicates ways to solve the problems that arise during the formation of the components of the fifth generation of rights.
 The scientist makes well-founded conclusions based on the cause-and-effect relationship - factors resulting in the formation of the fourth and fifth generation of human rights. Chief among them are globalization processes of transformation, scientific and technological progress, and others. At the same time, the theoretical and methodological foundations of philosophy, law, religious canons, moral and cultural traditions, the progress of human civilization and their implementation in practice are taken into account.

Права и обязанности физического лица, привлекаемого к административной ответственности, в условиях развития цифровой коммуникации (часть 2 — «Возможные риски и угрозы»)

The development of a modern legal state is difficult to imagine without the development of a new type of social relations formed in the information space using digital communication tools (mobile communications, information and communication networks, including the Internet). Under these conditions, representatives of science and practice are invited to discuss the prospects for the formation of a new generation of human rights, presented in the form of digital rights (the right to respect for private (personal) life in the information space, the right to be forgotten, the right to freedom of expression on the Internet the right to access the Internet). In connection with the emergence of new scientific hypotheses, an attempt is made to consider the rights and obligations of an individual held administratively liable in the context of the rapid development of digital communication tools, as well as possible risks and threats to their implementation.

Digital Trade Law and Human Rights

Trade and human rights have had a complex and contentious relationship. While trade experts assume that human rights and trade law are mutually supportive, human rights lawyers have seldom shared this opinion. Rather, they argue that across different contexts, such as climate change, culture, and development, the hard rules of international trade law focus almost exclusively on economic values and sideline human rights. This essay seeks to shed more light on these interfaces, focusing particularly on the tensions between trade law and the first generation of human rights, like privacy and free speech, that have been rarely discussed so far. It also addresses a gap in the literature on international economic law and human rights with respect to the impact of digitization. In particular, the essay focuses on the human rights implications of digital trade rulemaking, as a relatively new and dynamic subset of international trade law.

Digital human rights: International-legal and social dimensions

The article considers digital human rights as a relatively new social-legal phenomenon which has recently become the focus of scientific discussions. Some scientists believe that digital rights have specific determinants which explain their character of sui generis , i.e., digital rights represent a new - fourth - generation of human rights. The author considers digital rights in their international-legal and social dimensions in order to clarify their nature and definitions, and argues that the scientific-expert community lacks a single understanding of digital rights; therefore, such rights should be named information-digital, which would reflect their information nature as a construct of reality (including virtual reality). The social dimension of digital rights is manifested in the unprecedented impact of the digitalization of social relations, which penetrates all spheres of contemporary society, determines various ethical and legal problems and becomes an issue of such philosophical concepts as transhumanism. In particular, transhumanism, supported by some leaders of the developed countries, implies negative consequences and challenges for traditional human rights since it insists on the transformation of human nature. The internationallegal dimension of digital law is expressed in the symbolic connection between ‘traditional’ and digital rights. When interpreting digital rights as information-digital, there are no differences between the above-mentioned types of rights, since they form an organic whole. Digital rights are a new type of the ‘traditional’ information rights, the provision and protection of which are sufficiently regulated (set) by the norms of the so-called Bill of Rights that includes the Universal Declaration of Human Rights (1948) and the International Covenants on Human Rights (1966). Certainly, for new types of digital rights, it is necessary to develop additional protocols for the International Treaties. However, already now we need to seriously consider the implementation mechanism for digital rights, for instance, such as specialized groups of experts (lawyers and specialists in digital technologies) in the UN. The author proposes to develop an International Information-Digital Code of Rights in order to ensure a comprehensive regulation of digital human rights and freedoms.