IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v13y2023i4p644-667.html
   My bibliography  Save this article

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

Author

Listed:
  • 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.)

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.

Suggested Citation

  • Tetiana TARASEVYCH & Tetiana YUZKO & Oksana HRABOVSKA & Olena ROMANOVA & Kateryna LISOVA, 2023. "Peculiarities of consideration of cases in the ECtHR regarding the protection of constitutional human rights related to the fourth generation of somatic rights," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 13(4), pages 644-667, December.
  • Handle: RePEc:asr:journl:v:13:y:2023:i:4:p:644-667
    as

    Download full text from publisher

    File URL: https://tribunajuridica.eu/arhiva/An13v4/9.%20Tetiana%20Tarasevych%20et%20al.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    somatic rights; transplantation; euthanasia; reproductive rights; sex change; right to abortion.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asr:journl:v:13:y:2023:i:4:p:644-667. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.