Peculiarities of consideration of cases in the ECtHR regarding the protection of constitutional human rights related to the fourth generation of somatic rights

Tetiana Tarasevych (), Tetiana Yuzko (), Oksana Hrabovska (), Olena Romanova () and Kateryna Lisova ()
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Tetiana Tarasevych: Department of Public and Legal Disciplines, Vinnytsia State Pedagogical University named after Mykhailo Kotsiubynsky, Ukraine.
Tetiana Yuzko: Department of Socio-Economic Disciplines, Barsky Humanitarian Pedagogical College, Ukraine.
Oksana Hrabovska: Department of Civil Procedure, Taras Shevchenko National University of Kyiv, Ukraine.
Olena Romanova: Department of General Theoretical, Legal and Special Humanitarian Disciplines,Kyiv University of Law of the National Academy of Sciences of Ukraine.
Kateryna Lisova: Department of International Law, State Tax University, Ukraine.

Juridical Tribune - Review of Comparative and International Law, 2023, vol. 13, issue 4, 644-667

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.

Keywords: somatic rights; transplantation; euthanasia; reproductive rights; sex change; right to abortion. (search for similar items in EconPapers)
JEL-codes: K10 K38 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:13:y:2023:i:4:p:644-667

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