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

Authors :
Tetiana Tarasevych
Tetiana Yuzko
Oksana Hrabovska
Olena Romanova
Kateryna Lisova
Source :
Juridical Tribune, Vol 13, Iss 4, Pp 644-667 (2023)
Publication Year :
2023
Publisher :
Bucharest University of Economic Studies, 2023.

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.

Details

Language :
English, French
ISSN :
22477195 and 22480382
Volume :
13
Issue :
4
Database :
Directory of Open Access Journals
Journal :
Juridical Tribune
Publication Type :
Academic Journal
Accession number :
edsdoj.509f50ab0e694eb6912f51faa9cb4ae6
Document Type :
article
Full Text :
https://doi.org/10.24818/TBJ/2023/13/4.09