Open AccessThe concept of somatic human rights: theoretical and legal approaches to understanding
Author(s) -
Іванна Василівна Здреник
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.68.2
Subject(s) - doctrine , human rights , law , legal doctrine , human body , political science , somatic cell , consolidation (business) , law and economics , sociology , biology , business , genetics , accounting , gene , anatomy
The article reveals modern theoretical and legal approaches to understanding the concept of somatic human rights in post-Soviet scientific doctrine. The peculiarity of somatic human rights today is the fact that they are an open system, it is about the existing in the modern development of society many manipulations with their own body, the range of which depends largely on the latest advances in science and technology.Somatic rights are defined as a group of new fourth-generation rights related to the human body and consist in the possibility of exercising a person’s personal will in relation to his whole body, certain organ or organs, tissues and biological components that are already separated from the body. variations, aesthetic improvement of appear- ance (surgical and any other body modifications), changes in their physicality (ie legal consolidation of ownership of their body). On the basis of the analyzed theoretical and legal approaches, among the somatic rights, universally recognized human rights and a number of controversial rights have been singled out, on which scientists and the international community have not yet developed a common vision.It is concluded that the formation of a group of somatic rights can be traced in modern legal doctrine, but it re- quires a clear scientifically formed structure. Certain principles, standards and methods must also be developed to regulate legal relations in this area.