While for medical professionals, a scientific breakthrough in medicine the like of the ability for transplantation, cloning, and the active implementation of reproductive technologies for addressing infertility is a reason for celebration, then, for legal professionals, it primarily serves as a basis for fruitful work. The issue of newest human rights belongs to the realm of global theoretical and legal issues that can no longer be ignored. Specific constitutional decisions regarding the fourth-generation human rights should be preceded by their scientific contemplation within the framework of legal theory. We believe that such scientific research should be comprehensive, and specific legal conclusions, due to the specific nature of the rights under research, may be supplemented by arguments of philosophical, medical, or religious nature. On the one hand, progress in science and technology positively impacts the realization of already enshrined human rights, opening up new opportunities for their enforcement, protection, and the creation of new areas for international cooperation in this field, opens up new human needs and opportunities, and on the other hand, quite unexpectedly, it can also have a negative impact, creating new threats to the realization of the interests of individuals, society, or the state. Ensuring and protecting the fourth-generation human rights are essential tasks for all national governments, human rights organizations, and the international community as a whole. We emphasize the need to improve the legal framework for ensuring all the newest human rights. The level of recognition and enforcement of such rights indicates the essence of the state and can serve as one of the criteria for recognizing it as a rule of law and democracy. We stress that the research of the fourth-generation human rights is important for several reasons, as they are inextricably linked to other human rights, such as the right to life, health, personal integrity, the right to safe living conditions, etc. Understanding the specifics of newest rights will help ensure the physical, emotional and informational security of a person, and secure their freedom of action based on respect for the personalities of others. The article distinguishes somatic rights, defining them as those that provide a person with additional opportunities in the field of health care. We emphasize that somatic rights should be viewed as an independent group of human rights that meets the interests and needs of modern person. We characterize them as personal subjective human rights, which realize the freedom of action of a person in relation to his or her body.
Read full abstract