ПРАВОВА ПРИРОДА ЧЕТВЕРТОГО ПОКОЛІННЯ ПРАВ ЛЮДИНИ

Abstract

The article examines the legal nature and essential content of the fourth generation of human rights, which include rights in the field of medicine, information technologies, and social rights formed by the development of these industries. The need and importance of expanding the traditional three generations of rights is indicated. Scientific publications on the rights of the fourth generation, various approaches to defining the range of rights, legality and expediency of their implementation at the international and national levels were analyzed. Formed own vision of the list of rights covered by the fourth generation of human rights. The latest biological or somatic, social and informational rights, which are currently developing and require legislative consolidation, are considered. Examples of foreign experience in implementing new rights are given. The article focuses on human biological rights (including the human right to death, euthanasia, transplantation, cloning, sex reassignment, human reproductive rights); social rights (the right to same-sex marriage, a child-free family, a life free from state interference) and a group of information rights – free access to the Internet, free expression of opinions on the Internet, the right to cyber security. The integral principles on which the rights of the fourth generation are based are defined, namely: the autonomy of a person, its body, independence and alternativeness of a person in the choice of lawful behavior; recognition of a person's right to individuality; a life independent of state intervention; establishment of human sovereignty over the state; recognition of a person's high status. An important category of "freedom" of a person in determining his individuality, freedom of disposal of his body, freedom of decision-making in life based on his own moral and religious beliefs has been established. Discussed issues within the framework of the study of individual rights of the fourth generation, such as the right to reproductive and therapeutic cloning, discrimination against sex change, same-sex marriage in different countries of the world, consent to posthumous donation, organ trade, the right to access to virtual reality and cyber security as a component of national safety.