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4th Generation of Human Rights

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HUMAN RIGHTS OF THE FOURTH GENERATION IN A SINGLE
EDUCATIONAL AREA
Hanna L. Kokhan1
Maksym I. Leonenko2
Serhii M. Perepolkin3
Tetiana L. Syroid4
Iya V. Stryzhak5

Abstract: The relevance of the issue acquainted with them representatives of


under study is determined by human different peoples, to recognize them as
rights appearance at the end of the XX quickly as possible and to ensure the
the beginning of the XXI centuries that most effective application in real life.
cannot be attributed to any of the three The key method applied in the fourth
generations of human rights known to generation of human rights research is
scholars; the doctrinal grounds of the generalization of the existing concepts of
necessity to unite them within the fourth their interpretation within national law of
generation of human rights; the lack of a different states, within international law,
universally recognized understanding of in the European Court of Human Rights
human rights of the fourth generation, practice, and in the doctrinal views of
and the ambiguous practice of their scientists. This title can be extended to
recognition and implementation on both rights not belonging to the first, the
the domestic and international levels. second and the third generations of
The purpose of the article is to develop human rights that have arisen at the end
the authors’ model of understanding the of the XX the beginning of the XXI
concept and classification of human centuries, as well as to human rights that
rights of the fourth generation and to will be revealed and interpreted in the
make suggestions aimed at getting more future. As the fourth generation of

University of Customs and Finance, Volodymyr Vernadsky Str eet, 2/4, Dnipro, 490004, Ukraine, E-1
mail: kokhan-hanna9@tanu.pro
Zaporizhzhia Polytechnic National University, Zhukovsky Street, 64, Zaporizhzhia, 69063, Ukraine2
University of Customs and Finance, Volodymyr Vernadsky Street, 2/4, Dnipro, 490004, Ukraine3
V.N. Karazin Kharkiv National University, Svobody Square, 4, Kharkiv, 61022, Ukraine 4
University of Customs and Finance, Volodymyr Vernadsky Street, 2/4, Dnipro, 490004, Ukraine5
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human rights is in the process of its rights and fundamental freedoms for all
settling, the approaches to the people regardless of their race, gender,
classification of human rights based on language and religion (De Frouville,
exhaustive lists cannot fully reflect its 2005).
real state. The content of this article may The stress on the importance of
be of use to scholars studying human the support and further implementation
rights of the fourth generation, to of human rights and fundamental
lecturers teaching subjects dedicated to freedoms, as one of the methods of
human rights, to students studying achieving closer unity between the
human rights, and to representatives of members of the Council of Europe, is
states and international organizations. laid in the Preamble to the Convention
involved in the development, recognition for the Protection of Human Rights and
and practical implementation of human Fundamental Freedoms. (European
rights issues. Convention…, 1950) The inviolability
and inalienability of a human being
Keywords: digital rights, somatic rights; adherence to the principles of
(biological) rights, European Court of liberty, democracy, respect for human
Human Rights rights and fundamental freedoms, and
the principle of a law-based state are
Introduction recognized as the universal values in the
Rights as a social and cultural Preamble of the Treaty on European
phenomenon, accompany a person since Union (Consolidated versions…, 2012).
her impregnation to her death. Their At the same time,
inexhaustible, inalienable and inviolable notwithstanding the mutual
nature is recognized in universal, understanding as to manifestation of
regional and bilateral international respect towards human rights and
treaties, international customs and acts of fundamental freedoms, the promotion
international organizations. Art. 1 of the and development of the effective
Charter of the United Nations, in exercise of civil, political, economic,
particular, states on the implementation social, cultural and other rights and
of international cooperation in order to freedoms deriving from human dignity
promote and develop respect for human inherent in human person and being
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crucial for her free and of full value and technological progress, started in
development, unambiguous 1968, remain little effective
understanding of such rights and (Proclamation of Teheran…, 1968;
freedoms and their universally General Assembly…, 1968; De
recognized list, and therefore the Frouville, 2018; De Frouville and
monotonous practice of international and Tavernier, 2009). The necessity to
national implementation, to date has not intensify the international consideration
been produced. on the issue of development of a
The urgency of resolving of the common international concept of human
abovementioned tasks as quickly as rights of the fourth generation and the
possible was confirmed by the transition to a harmonized
emergence of new, derivative from the implementation of its provisions at both
scientific and technological progress the international and national levels by
types of human rights, and the doctrinal the representative of various states is
justification of the necessity of their emphasized taking into consideration the
unification within a new – the fourth above mentioned situation.
generation of human rights at the end of In this connection, the purpose
the XX the beginning of the XXI of the suggested study is to develop the
century. However, the theoretical authors’ model for understanding the
discussion of these problems as well as concept and classification of human
the legal framework and practical rights of the fourth generation and to
implementation of the so-called “fourth elaborate suggestions aimed to widen
generation of human rights”, take place their knowledge by the representatives of
mainly at the national level, which various peoples, to recognize them as
significantly slows down the quickly as possible and to ensure the
development of their universal most effective application in real life.
understanding.
With regard to international Materials and Methods
measures in this field, the activities of the Achieving the goal of the paper
United Nations and of numerous stipulated the necessity to use various
international conferences on the human methods of scientific cognition to study
rights protection in terms of scientific the scientific work on human rights of
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the fourth generation, among them there and determination of their possible types
are: historical and legal method; is suggested based on the results of the
comparative method; method of generalization of doctrinal approaches to
analysis; synthesis method; method of the concept and types of human rights of
generalization. The study of the issue the fourth generation, the provisions of
was conducted in three stages: acts of international and domestic law in
At the first stage, there was a this field, as well as the decisions of the
theoretical analysis of methodological European Court of Human Rights.
approaches regarding the understanding According to the developed approach,
of human rights and their classification given the incompleteness of the
into several generations existing in the formation of the fourth generation of
legal scientific literature. Within the human rights, it is proposed to refuse to
framework of the analysis, the human classify its rights on the basis of
rights of the first, second and third exhaustive lists.
generations were emphasized based on At the present stage of the
the classification of human rights by K. development of scientific and
Vasak. Examples of such human rights technological progress of human rights
are given, as well as basic international of the fourth generation it is suggested to
legal acts by means of which human recognize the rights in the field of digital
rights of the first, second, and third technologies and somatic rights by
generations have been codified and means of generally recognized forms of
offered for general consideration and international law (international treaties,
recognition. Particular attention is paid acts of international organizations and
to the human rights of the fourth international conferences). In the future,
generation evolution description and the classification of human rights of the
their recognition and consolidation in fourth generation can be expanded due to
acts of both international and domestic other human rights.
law and decisions of the European Court At the third stage, suggestions
of Human Rights. aimed at acquaintance with the rights of
At the second stage, the the fourth generation of representatives
authors’ approach to the interpretation of of different peoples, their quickest
human rights of the fourth generation recognition and elimination of obstacles
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to practical application in real life generalization of doctrinal approaches to
conditions were developed. It is understanding the category of “human
suggested to step up information, rights of the fourth generation” and
lawmaking and law enforcement familiarization with the normative acts
activities on these issues at universal, of international and domestic law in this
regional, bilateral and unilateral field as well as the European Court of
(national) levels. Human Rights decisions.
Experimental implementation The practice of holding bilateral
of such activities is offered to be meetings of representatives of different
developed in relations between the states and peoples developing and the
Member States of the European Union, convening of multilateral international
focusing on the European Education conferences, as well as involvement of
Area building up to 2025. If the regional and universal international
experiment is successfully completed, in organizations into such activities is
particular, the international normative suggested with this aim. The results of
and legal consolidation of the concept the meetings held should be recorded in
and classification of human rights of the general international treaties, acts of
fourth generation, its results will become international organizations (declarations,
available to educational spaces of all recommendations, resolutions, etc.) and
interested subjects of international and final acts of international conferences.
national law. In the future, based on the
adoption of international legal acts,
Results and Discussion interested states and peoples will have
General Description of Generations of the opportunity, in particular through
Human Rights educational activities, to contribute to a
wider acquaintance with the developed
It is suggested to intensify concept of understanding of human
international cooperation in the way of rights of the fourth generation, to deepen
developing a unified approach to human the knowledge of recognition and
rights interpretation and its quickest practical realization of such rights by
international legal and domestic other states and peoples, as well as to
recognition by the result of the increase respect for these rights and to
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maximally provide them at both live, study and work (Communication
international and national level. from…, 2017).
The experimental practical It should be noted that on the
implementation of the abovementioned importance of paying special attention to
activities is proposed to develop in the issues of guaranteeing and protecting
relations between the Member States of human rights, as well as teaching them to
the European Union, focusing on future lawyers in the conditions of
forming the European Education Area to construction of the European educational
2025, within which it is planned to start area, other scientists from Ukraine have
making a single higher education area repeatedly emphasized, among whom it
and a single European research area. is appropriate to mention: L.M.
However, investing in education is Dobroboh, V.A. Zavgorodnii, O.O.
recognized as being of general interest to Orlova (Dobroboh et al., 2019); R.S.
both the Member States of the European Karahioz, O.V. Lehka, S.I. Minchenko
Union and to Europe in general. By (Karahioz et al., 2019); Yu.S.
virtue of this new jobs are created, Zavhorodnia, A.M. Kuchuk and L.M.
economic growth is achieved, prosperity Serdiuk (Kuchuk et al., 2019).
is improved, and development of Interpretation of the fourth
economic and social convergence generation of human rights, elaborated
between and within Member States. within the European educational area
After all, investing in education and confirmed by its participants, can
is recognized as being of general interest later be used as a basis for developing a
to both the Member States of the common definition of the “fourth
European Union and to Europe as a generation of human rights” for all
whole. It creates new jobs, achieves members of the international
economic growth, improves prosperity, community; and after its international
and ensures the development of legal support can be used on the
economic and social convergence harmonized principles with the
between and within Member States. educational aim in the educational area
Along with culture, education helps to of all concerned states and peoples.
make Europe a more attractive place to It is suggested to use the name
“Third Millennium Human Rights” as a
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possible generic name for the fourth social and cultural rights, such as the
generation of human rights. The right to work, the right to rest, the right
suggested title can be extended to the to social protection, the right to housing,
rights non-belonging to the first, the the right to education, the right to
second and the third generations of freedom of cultural, scientific and
human rights originating at the end the creative activities, which inherently are
XX the beginning of the XXI centuries, positive rights. Their legal support was
as well as human rights that will be also achieved through the adoption of a
revealed and interpreted in the future. codified international act – the
It is important to emphasize that International Covenant on Economic,
such rights can be national (domestic) Social and Cultural Rights of December
and international, individual and 16, 1966. (International Covenant…,
collective, positive and negative as well. 1966a; International Covenant…,
The study of legal scientific literature in 1966b). K. Vašák (1977) called the third
the field of human rights makes it clear generation of human rights “rights of
that the classification of human rights by solidarity” because their observance
three generations, elaborated by K. requires collective positive actions by
Vašák (1977) at the end of 1970s, is a individuals and legal entities, as well as
common one for majority of scientists by all subjects of international law in
from different countries. general.
According to its provisions, the The most famous examples of
first generation of human rights belongs these are the right to self-determination,
to negative rights and constitutes a the right to a safe environment, the right
complex of civil and political rights, to economic and social development, the
namely: the right to life, the right to right to peace, etc. It should be noted
liberty, the right to respect for human that, unlike civil, political, economic,
dignity, etc. Their legal framework was social and cultural rights, the rights of
summed up by the adoption of the solidarity, or, as they are called,
International Covenant on Civil and collective rights, have not been
Political Rights of December 16, 1966. enshrined in the content of one codified
The second generation of international legal act. Therefore, they
human rights is a complex of economic, can be mentioned in the Stockholm
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Declaration on Environmental Issues In this regard, scholars from
1972, the Declaration on the Right to different countries have repeatedly made
Development 1986, the Rio de Janeiro proposals to recognize lacking in the lists
Declaration on the Environment and of the rights of the first, second and third
Development 1992 and other generations of human rights human
international declarative instrumentss rights of the fourth generation. However,
(Declaration of the United…, 1972; despite the fact that the scientific
Declaration on the Right…, 1986; Rio discussion as regards this has been going
Declaration…, 1992). on for more than a decade, it is still not
At the same time, over the possible its participants to come to an
forty-one-year period since the agreement on a number of issues. One of
conception of the division of human the most controversial issues in this
rights into three generations presented debate, in particular, is the specific
for the doctrinal debate by K. Vašák differentiation of human rights of the
(1977), significant changes have taken fourth generation, approaches to
place in the field of human rights. Some understanding of which differ
of them are associated with the advent of substantially from legal doctrine
the turn on the XX–XXI centuries of new representatives.
types of human rights that cannot be
attributed to any of the abovementioned Doctrinal Approaches to
human rights generations. Examples of Understanding Human Rights of the
such rights are the right to artificial Fourth Generation
insemination, the right to change sex, the A.V. Cornescu (2009), for
right to die, the right to free access to the example, refers rights related to genetic
Internet, the right to use virtual reality engineering, and assumes the ability to
and other rights. Development of refer rights of future generations, rights
scientific and technological progress, in that cannot belong to an individual nor to
particular, biology, genetics, medicine, social groups, including nations, they
chemistry, information technology is belong only to humanity as a whole, and
considered to be the prerequisite for their also rights deriving from exploration and
emergence. exploitation of cosmic space to this
generation of human rights. М.А.
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Lavrick (2005) states that the rights of identification of information human
the fourth generation embody the so- rights exactly as of the fourth generation
called somatic (from Greek soma – of rights is the new paradigm of freedom
body), or biological human rights, of information: the development and
including the right to die, the human diffusion of information technology, the
being right to dispose of organs and emergence of a global information space,
tissues of his/her body and to their the transition to new forms of social and
transplantation, sexual human rights, economic order; changes in political
reproductive rights of a human being (the processes (states with information
right to artificial insemination, the right society); the necessity to ensure the
to abortion, the right to sterilization, the autonomy of actions and the choice of
right to contraception), the right to legitimate behavior of a person on the
change sex. basis of equality of access to
M.P Tirina (2011) and other information, protection from incomplete,
scholars also suggest recognizing negative information and protection
biological human rights as the rights of from the dissemination of personal
the fourth generation. In particular, F.M. information about the person, etc.
Rudinsky (2000) believes that the fourth For his part, P.M. Sukhorolsky
generation of human rights is linked to (2013) does not agree with the
discoveries in the field of biology, viewpoints of other scholars regarding
including cloning, and is the barrier that the necessity to allocate all or only new
protects a human being from information rights as the fourth
experiments in genetic inheritance field. generation of human rights. According to
F. Pocar (2015) generally criticizing the the scientist, information rights cover
concept of division of human rights into human rights that belong to all three
three generations to classify them, generations, and a fundamental
emphasizes that it has recently been innovation that could lead to the
suggested to add the fourth generation of emergence of a new generation of rights
human rights, including information (digital rights, Internet rights) could be
technology rights to it. considered the separation of certain
V.A. Vitiv (2016) in this regard, aspects of the information society into
concludes that the factors that allow the quite a new area to which the jurisdiction
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of states and the effects of the existing Bioethics…, 2005; United Nations
legal acts would not apply. Declaration…, 2005).
According to the authors of the Convention for the Protection
study, the diversity of doctrinal of Human Rights and Dignity of the
approaches to understanding human Human Being with regard to the
rights of the fourth generation is an Application of Biology and Medicine
important testimony to the relevance of (1997), and four additional protocols
this topic for different peoples and states, thereto, were developed with the direct
as well as the conformation of the lack of involvement of the Council of Europe
a universally recognized international (Additional Protocol to the Convention
legal definition of human rights of the for the Protection of Human Rights and
fourth generation. On the one hand, Dignity of the Human Being with regard
representatives of the international to the Application of Biology and
community of states are constantly Medicine, on the Prohibition of Cloning
working to eliminate this gap in Human Beings (1998); Additional
international law by way of normative Protocol to the Convention on Human
regulating of certain types of human Rights and Biomedicine concerning
rights of the fourth generation. Transplantation of Organs and Tissues of
Thus, over the last few decades, Human Origin (2002); Additional
the UN Declaration on the Human Protocol to the Convention on Human
Genome and Human Rights, 1997, the Rights and Biomedicine, concerning
International Declaration on Human Biomedical Research (2005); Additional
Genetic Data 2003, the Universal Protocol to the Convention on Human
Declaration on Bioethics and Human Rights and Biomedicine, concerning
Rights 2005, the UN Declaration on Genetic Testing for Health Purposes
Human Cloning 2005, have been (2008)).
adopted by the United Nations in this In addition, its Parliamentary
area of legal regulation. (Universal Assembly and the Council of Ministers
Declaration on the Human …, 1997; adopted more than fifty
International Declaration on Human recommendations on stem cells,
Genetic, 2003; Universal Declaration on protection of the human genome,
biotechnology and intellectual property,
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protection of medical data, trafficking in commonplace in a number of states in
human organs, xenotransplantation, Western and Northern Europe, Canada,
establishment of umbilical cord banks. the United States, and Australia.
(Texts of the Council…, 2014). However, in Iran, Yemen, Saudi Arabia,
Provided that declarative rules Sudan, Nigeria, Somalia, Iraq and Syria,
of conduct predominance in this area of death is the punishment for the
legal relations over legally binding participating in such ties.
obligations, judges of the European The right to euthanasia is
Court of Human Rights make an recognized at the legislative level in
invaluable contribution to the Belgium, Luxembourg, the Netherlands
development of a common concept of and several US states, but euthanasia is
understanding human rights of the fourth prohibited in England, Bosnia and
generation. Their expertise is comprised Herzegovina, Iran, France, the Russian
of dozens of cases related to the various Federation and other states, including
types of human rights that scholars refer Ukraine. In most countries of the world,
to the fourth generation of human rights. the right of free access to the Internet is
Among the most famous of these are the guaranteed for all persons without any
following: B. v. France (European restrictions. However, in the following
Court…, 1992); Laskey, Jaggard et states such as Belarus, India, Egypt,
Brown v. United Kingdom (European China, Myanmar (Burma), North Korea,
Court…, 1997); Diane Pretty v. United Saudi Arabia, Syria and Turkey, access
Kingdom (European Court…, 2002); to the exercise of this right is strictly
Evans v. United Kingdom (European state-controlled and, in some cases,
Court…, 2006); Vallianatos and Others prohibited by criminal penalties.
v. Greece (European Court…, 2013). Therefore, the results of a step-
On the other hand, the by-step analysis of the scientific and
development of a uniquely international educational literature, international legal
legal understanding of human rights of and domestic human rights instruments,
the fourth generation is significantly as well as the practice of the European
hindered by their unequal domestic legal Court of Human Rights, suggest that the
and factual perceptions. In particular, legal doctrine does not provide a unified
homosexual relationships are approach to understanding the fourth
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generation of human rights. The practice understanding the fourth generation of
of a narrow interpretation of the fourth human rights and normatively defines it
generation of human rights is common in a convenient international legal form,
among scholars from different states, it is suggested to characterize the list of
according to which specific particular fourth generation human rights as
types of human rights are constituted, inexhaustible, that is, open to
such as the human right to protection enlargement.
against stress, the right to die, sexual
rights, the right to change sex or the right Conclusion
to the Internet access etc. It is established that developing
Attempts to uphold a broader a common approach for all peoples and
interpretation of the fourth generation states to understanding of human rights
human rights are also common. of the fourth generation will facilitate
However, despite recognizing several their more effective recognition and
different types of human rights as fourth implementation at both international and
generation human rights, such as the national levels. The success of this goal
right to peace, environmental rights, depends on a number of factors, in
somatic rights, nuclear safety and space particular, on the coordinated work of
rights, their authors also consider the representatives of the legal doctrine of
fourth generation human rights as an different states, as well as on the
exhaustive list and not suggest the productive rulemaking and enforcement
possibility of further evolution of their activities of states, international
types differentiation. organizations and other entities of
According to the authors of the international law.
research, approaches to understanding As the fourth generation of
the fourth generation of human rights, human rights, the substantive
based on comprehensive human rights composition of which form the human
lists, should be considered debatable, as rights of the third millennium continues
the latter is in its infancy and has not yet its forming, doctrinal approaches to the
acquired its final form. Therefore, as classification of its rights based on
long as the international community has exhaustive lists are unable to fully reflect
come up with a unified approach to neither its present nor its future status.
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67
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