General Rights Research Articles

The emergence of rights-desire in postmodern culture

n recent decades there has been an undeniable inflationary process of human rights that has contributed to their trivialization and consequent discrediting. It is not surprising that after the third generation of rights there is no longer agreement on the content and scope of the following generations, which include rights whose subject is not the human being (but nature, the environment or animals) or, if it is, the individual claims from the State his right to satisfy a desire that he feels is necessary for his personal development. The emergence of ″desire-rights″ is the clearest proof of this inflationary and arbitrary process of human rights, radically transforming the entire human rights system. This article studies the emergence of these desire-rights, showing their historical origins and main philosophical presuppositions, as well as their most common characteristic features.

Algorithmic Management and a New Generation of Rights at Work

Algorithmic Management and a New Generation of Rights at Work

Biogenetic human rights: a new structural element in the system of the fourth generation of rights

The concept of human rights is a dynamic legal phenomenon. The main feature of all three generations of rights is that they are a powerful constitutional and moral-legal foundation for the development of the last fourth generation of rights. Traditionally, the fourth generation of rights includes somatic, reproductive and informational rights. The article substantiates the innovative idea of identifying an independent category of rights — biogenetic rights. The author for the first time in the scientific literature uses the term “biogenetic rights”, offers the definition and content of a new category of rights. The main conclusion of the study is that the generation of biogenetic rights should be aimed at protecting the human genome, genetic information, ensuring the biosecurity of a person, society, state and mankind.

Sustainable Internal Security in Nigeria: Any Role for International Human Rights Law?

Abstract Since Nigeria’s restoration to democracy in 1999, the country has never faced the same level of internal security threat as it does now, including threats from Boko Haram rebels, herdsmen and bandits. This paper argued that the problem of internal insecurity in Nigeria is a symptom of a failed state and that this can be remedied by the adoption of the concept of new approach to security in international law which essentially entails enthroning a regime of human rights protection in the country. The paper discovered that in Nigeria the number of human rights recognised in each generation of rights is not exhaustive enough. The paper further found, among other things, that Nigeria’s Fundamental Rights (Enforcement Procedure) Rule, 2009 does not give effect to internationally-recognized Rights that are uncaptured or weakly captured in Nigeria’s municipal law. The paper utilised the doctrinal methodology.

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.

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.

Zaštita ljudskih i manjinskih prava u Ustavu Srbije sa osvrtom na zakonske odredbe o postupanju sa licima koja se nalaze u pritvoru

The Constitution of the Republic of Serbia contains a large number of provisions on human rights and freedoms. The Constitution guarantees all three generations of rights. Articles 28 and 29 of the Constitution regulate the following rights: Dealing with a person deprived of liberty and Supplementary rights in case of deprivation of liberty without a court decision. Basing the provisions on the aforementioned articles of the Constitution, the criminal procedure legislation has regulated in detail the matter of dealing with persons in custody. After a detailed analysis of the rules of treatment of persons in detention, it has been concluded that it is not about any specific rights or rules, but only about the realization of the basic guaranteed rights that every citizen should enjoy, regardless of their status. Bearing in mind the topic, the paper analyzes the development and conceptual definition of human and minority rights. Some characteristic provisions of the Constitution related to the topic of the paper were also analyzed, and then an overview was made of the legal provisions in Serbia on the treatment of persons who are in detention, and which have their basis precisely in the provisions of the Constitution.

THE CONCEPT OF HUMAN RIGHTS IN THE DIGITAL ERA/ CHANGES AND CONSEQUENCES FOR JUDICIAL PRACTICE

The digital age has led to conceptual changes in human rights and their content, understanding, implementation, and protection. Discussions about expanding the range of both addressees and subjects of human rights are a consequence and, at the same time, a breeding ground for change. New challenges for rights related to technological development, the increasing influence of companies and organisations, the growing use of solutions based on artificial intelligence, and the habit of relying on such solutions have led to the need for a substantial revision of such aspects as the content of individual rights and their catalogue, the definition of the fourth generation of rights as bio-information, and the clarification of the concept of digital rights. Digitalisation, which in a broad sense represents the legal, political, economic, cultural, social, and political changes caused by the use of digital tools and technologies, covers the private and public spheres, revives our understanding of and research into human rights in a horizontal dimension, and influences the revision of their anthropological foundations. The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception, as well as to apply in-depth study and interpretation of legal texts. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was used to highlight the bio-information generation of human rights as the fourth generation of rights, as well as some scientific predictions in the field of human rights. The article argues that it is necessary to change our approach to human rights in the digital era, to widen the circle of addressees of human rights obligations to include companies and organisations, and to be ready potentially recognise artificial intelligence as a subject in public relations and fundamental rights. The term ‘spectrum of algorithm-based digital technologies’ is proposed, which can more accurately describe those phenomena that are covered by the synonymous terms ‘artificial intelligence’ and ‘algorithm’. The article proposes to consider digital rights in three dimensions, as well as to take into account the subtle structural consequences of changing the concept of human rights in the digital era for judicial practice.

International legal regulation of rights and freedoms on the Internet

The Internet, viewed as a global information and communication network, has several significant characteristics. It facilitates the exchange of information, information is transmitted through communication networks, its number is practically not limited either by volume or by spheres of interest. The Internet, which is not owned by any state or organization, unites various information systems and telecommunication networks without national restrictions. The consumers of the transmitted information can be any subjects-users of the network. Most of the rules on the basis of which the Internet functions are protocols that allow the network to remain operational according to a variety of parameters. Taking into account the named characteristics, the Internet cannot remain outside the legal space. Therefore, the important question is at what level and who should determine the legal parameters for the functioning of the Internet. Is it possible to regulate only by international law due to the global nature of this network. To what extent does the national legislator have the right to regulate Internet governance issues? What should be the correlation between the norms of international and national law in this area? To what extent is its self-regulation permissible. The issue of legal regulation of the Internet is also important because of the need to consider the information and communication network as a means of realizing almost any human rights. Where there are rights, there are obligations and there is always the possibility of their violation. Thus, the possibility of realizing rights and freedoms via the Internet and at the same time the existence of a huge number of violations of these rights and freedoms confirm the need for the adoption of legal acts of different levels in this area. It seems that the on-net regulation (self-regulation) by the Internet community of relations in the network will not ensure freedom of the information space, will not establish clear rules of behavior for network users, in particular, because recommendations, resolutions, and other acts are not universal and obligatory for users, in including states. Therefore, in recent years, one can hear more and more often that in the sphere of regulating Internet governance issues, the adoption of acts containing, in particular, international legal standards that are binding on the national legislator is required. Gradually, international Internet law is being formed, designed to regulate general issues of Internet governance, relations between states in this area, measures of control over the use of the Internet and, most importantly, the observance of citizens' rights in it. Proposals have been made for the adoption of a Universal Declaration of Digital Rights, a Convention on the Safeguards and Protection of Human Rights in the Digital World, or a Digital Constitution. Or, perhaps, we should simply recognize the completed stage of the formation of the fourth generation of rights related to the information and digital revolution, and regulate the content of these rights, guarantees of their implementation by a new international document.

Emerging urban rights

Los derechos urbanos emergentes se plantean como una respuesta a la crisis que actualmente viven las ciudades. El mundo dejó de ser rural y ahora es urbano. El modelo urbano imperante es depredador e inhumano. La actual crisis de la covid-19 revela una serie de problemas sistémicos en la ciudad. Los derechos humanos tradicionales no dan respuesta a la emergencia urbana que se vive en las calles. La gran mayoría de ciudadanos habitan en barrios informales, sin agua, sin servicio de gas, sin saneamiento básico, sin infraestructuras adecuadas, sin electricidad. Viven en espacios hacinados, en una ciudad que no garantiza derechos urbanos. Así las cosas, en la ciudad se reclaman una nueva generación de derechos. Nuevos colectivos sociales o ciudadanías en emergencia piden que la ciudad tenga unos mínimos básicos que permitan dignificar los entornos urbanos. En este sentido, puede ser una solución aplicar la tesis de los derechos emergentes a derechos en el contexto urbano. Así como se ha creado nuevas categorías, como son los derechos ecológicos, los derechos de solidaridad, los derechos republicanos, se propone plantear los derechos urbanos emergentes como categoría. Este artículo de revisión es un aporte en esa línea.

Subjective public rights and the problem of the certainty of the legal status of the individual

The article is devoted to the analysis of the development of perceptions of human rights and freedoms from the understanding of them as “reflexes” of objective law to the recognition of self-sufficient, independent of the establishment in positive law of subjective public rights. At the same time, the author raises the problem of the certainty of the content of subjective public rights: if fundamental rights and freedoms determine the meaning and content of positive law, what determines the content of the rights and freedoms themselves? This problem is dealt with in the article in connection with the justice of fundamental rights and freedoms, the possibility of their direct effect, the generation of rights of new generations (the fourth generation of rights). In the framework of the research, great attention is paid to the works of classics of the theory of human rights and freedoms both in the world legal literature (R. Jering, G. Ellinek, J. Carbonier, M. Kumm, etc.), and Russian legal scholars (B. Kistyakovsky, Yu. Gambarov, Y. Magaziner, etc.). In order to achieve the purpose of the study, the author uses both the popular scientific dialectical method, which allows to understand the ambivalence of understanding of the legal categories under consideration, as well as methods of formal logic, comparative method, system-structural method, etc. As a result of the study, the author concludes that the specific nature of fundamental rights and freedoms lies in the system of addressing them: the State is the main addressee and the obliged person, and special justice is the possibility of direct protection, even in the absence of a sufficiently defined mechanism in legislation by national constitutional courts and inter-State bodies for the protection of human rights. The article provides a brief analysis of the so-called fourth-generation rights, justifies the conclusion that there is a distinction between individual claims, which are the result of the general principle of legal freedom – “permitted, all that is not prohibited” and valid subjective rights. According to the author, a wide range of “somatic rights” put forward in the special literature is essentially such individual claims and closer to the notion of “legal reflex” than a valid subjective right.

Amulya K Tripathy and Sivani Baral, India-China relations: Vajpayee, Manmohan and Modi Periods, New Delhi: Authors Press, 2022, pp. 177.

In the 1990s globalization triggered the process of transnational migration, mainly from underdeveloped to developed countries. The huge migration resulted in changing the social and demographic landscape of the recipient societies; homogeneous societies began to turn heterogeneous. Increasing heterogeneity in such societies created many challenges to the existing socio-political structure and state policies. One of the major challenge that got the attention of leading political scientists to revisit the centuries old concept - universal citizenship. Consequently, the debate surfaced in western democracies over current state of citizenship, aiming to cope up with the growing ethno-cultural diversity and finding solutions of emerging challenges. Universal citizenship embraces every citizen similarly, and provides equal rights, entitlements, and obligations regardless of any difference, however, the marginalized groups, mainly immigrants seek different entitlements. So, the present study focuses on theoretical foundations and justifications of the changing nature of citizenship. The paper begins with a brief historical overview of the concept of citizenship. The second part discusses three generations of rights within the framework of ‘universal’ citizenship. The third views the multicultural rights (group- differentiated rights) as fourth generational rights. The fourth explores the practice of citizenship over different ethnic groups in Canada by taking the example of two ethnic groups- Sikhs and Muslims as citizens. The last draws outcomes of the study.

К ВОПРОСУ РЕАЛИЗАЦИИ ПРАВ И СВОБОД ГРАЖДАНИНА В КОНТЕКСТЕ ПРОЦЕССА ИНФОРМАТИЗАЦИИ

The relevance of the article is determined by the strategic purpose of constitutional law to provide adequate answers to emerging issues in the sphere of ensuring the rights and freedoms of man and citizen in the process of informatization of society. The article is devoted to the analysis of changes in the spread of information technology in the modern world. Analyzing the newest generation of rights, called in modern Russian jurisprudence digital (information) rights, the author focuses on topical issues of their provision and draws conclusions about the possibilities and prospects for improving the legal regulation of digital legal (information) relations of citizens.

The right to euthanasia in the context of the realization of the right to life

The article examines the concept of euthanasia, the main scientific doctrines, which determine the attitude of legal experts to this phenomenon, and the reasons for the theory about the need to establish the right to euthanasia as the form of realization of the right to die in Ukrainian legislation and at the international level.Theproblemofthecontroversy of the concept that recognizes the existence of the fourth generation of human rights to which the right to euthanasia belongs is covered. It is determined that there are some disputes in scientific circles caused by theemergence of a new generation of rights. It is also determined that the new generation of rights is quite debatable, as it destroys the established classification of human rights.The concept of euthanasia is studied, the main distinguishing features between active and passive forms of the implementation of this phenomenon are characterized. It is identified that the majority of disputes about euthanasia legalizing is related to the implementation of its active form. 
 Based on the research of scientists’ positions from different fields of science on the possibility of legalizing euthanasia, the two main views have been identified: for legalizing euthanasia and against it.It has been found that the basis for the difference of opinion on this issue is the controversy of the right to euthanasia in the context of the constitutional human right to life.The case-law of the European Court of Human Rights in issues related to euthanasia is analyzed. The comparison of the two decisions of the Court has been made and on this basis the peculiarities of the regulation of this problem in the international arena are clarified.The positive and negative aspects of the implementation of the right to euthanasia are analyzed.The possibility of establishng the right to die at the state and international levels is considered, its contradiction to the right to life, which is enshrined in the Constitution of Ukraine, as well as in the Declaration of Human and Civil Rights, is justified. The emphasis is placed on the need to develop medicine in order to prevent cases that could lead to the use of euthanasia.Taking into consideration the number and importance of negative factors in euthanasia implementation and the general unwillingness of society to legalize such a right, the conclusion that justified the inadvisability of enshrining the right to euthanasia in the legislation of Ukraine has been developed.

The Fourth Generation of Human Rights: Epistemic Rights in Digital Lifeworlds

AbstractIn contrast to China’s efforts to upgrade its system of governance around a stupefying amount of data collection and electronic scoring, countries committed to democracy and human rights did not upgradetheirsystems. Instead, those countries ended up withsurveillance capitalism. It is vital for the survival of those ideas about governance to perform such an upgrade. This paper aims to contribute to that goal. I propose a framework of epistemic actorhood in terms of four roles and characterize digital lifeworlds and what matters about them both in terms of how they fit in with Max Tegmark’s distinctions among stages of life and in terms of how they generate their own episteme, the data episteme, with its immense possibilities of infopower (a term inspired by Foucault). Epistemic rights that strengthen existing human rights – as part of afourth generationof rights – are needed to protect epistemic actorhood in those roles. In the long run, we might well need a new kind of right, the right to the exercise of genuinely human intelligence.

Privacy and the concept of generations of human rights

The article studies the approaches to the concept of the «private sphere» of human life that are present in legal thought. Attentionhas been paid to the principles on the basis of which the human rights and freedoms in interstate relations are protected. The circumstancesthat are important for finding the optimal correlation between the human right to personal data protection and the right to informationare considered. The theoretical approaches to the concept of «three generations» of human rights that are present in legal thoughtare studied. The description of different generations of human rights is given. The discussions on the third generation of human rightswhich are ongoing and show that the list of human rights is not permanent and can be extended are considered. The consideration isgiven to the need to ensure human rights in the information society. Attention is paid to the issue of distinctive features of the «personalrights» category. It is indicated that personal rights are usually attributed to the so-called first generation of rights (in accordance withthe historical stages of affirmation of rights). The circumstances under which the right to respect for privacy arose are clarified. Thephenomenons that form the basis of the right to privacy of personal information and of the awareness of the concept of the «privatesphere» of human life are highlighted. The emergence of the right to respect for privacy as a broader category, which later became thebasis for the development of an independent legal institution of personal data is considered. The history of judicial approbation of thefirst concept of the right to privacy in the United States is reflected. The problematic aspects of legal formation of the right to privacyare considered. The position that is present in legal thought according to which it is advisable to divide the general problem of protectinghuman privacy into sectors that require separate legislative regulation is studied. It is stated that the «personal rights» category meansthat the subject has such acts that ensure his or her autonomy, priority of internal, individual guidelines. The measures that can help tosolve the problems related to finding an optimal correlation between the human right to personal data protection and the right to informationare proposed.

Legal Dimension of Civil Society Activities (The South Pacific Example)

Introduction: the significant impact of civil societies on regionalism processes worldwide should not be left. This comes from the fact that citizens are becoming increasingly aware of their rights, as well as any possible impact on their own nation or region by joint social activities. Moreover, in line with the expansion of human rights (here, we are talking about the third category, the so-called third generation of rights – social rights), citizens can participate in adoption of legal and political decisions also at the local level. They see themselves as ever-growing importance of players in regional management. The South Pacific, being relatively new region, is showing clearly the evidences of such civil social activities too. Methods: the methodological framework for this article is a set of methods of scientific knowledge, among which the main ones are the methods of public policy, analysis, and the formal legal method. Results: the article, presenting knowledge which is not enough studies in the European scientific literature will bring the legal dimensions of regionalism, as well as the actual functioning of the civil society organizations’ activities. To do so, it is necessary to describe some aspect of the Pacific cooperation in its formal, as well as informal methods and paths. Conclusions: the role and importance of CSO, as well as their great contribution to economic, social, cultural and political development, have long been known and appreciated globally. According to the United Nations, the role of social organizations in the process of regionalism in the South Pacific is crucial and necessary.

Karel Vasak\u2019s Generations of Rights and the Contemporary Human Rights Discourse

In the late 1970s, when Karel Vasak offered his concept of the three generations of rights, it was inclusive enough to embrace the whole spectrum of existing human rights. Forty years later, this paper explores the nature of contemporary human rights discourse and questions to what extent Vasak’s categorization is still relevant. Our work discusses the evolution of the concept of human rights, the changing dichotomies of national and international, individual and collective, and positive and negative rights. This paper uses qualitative methods of content analysis and quantitative frequency analysis method to explore the nature of scholarly discourse presented in human rights journals. Our research findings highlight the dynamic evolution of contemporary human rights discourse. The paper specifically illustrates the increasing emphasis on collective and internationalist rights and the enhancement of human rights matters that are difficult to categorize using Vasak’s approach. In doing so, the paper calls for the clarification of the language of contemporary human rights.

JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA

<p>Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.</p>

Does The Dao Support Individual Autonomy And Human Rights?

The Universal Declaration of Human Rights lists what have come to be called “first” and “second” generation rights. First generation rights are civil and political; second generation rights are social, economic, and cultural. Western and Asian nations are in disagreement about whether each of these rights is universal. While Western nations strongly believe that first generation rights should be universal, many “Confucian” nations insist that second generation rights precede first generation rights. After analyzing the Confucian values in detail, I conclude that Confucianism supports both generations of rights.