Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)

The Problem of the Content Determinacy of Main Human Rights and Freedoms in the Context of a “Generation” Theory

Authors
Dzhamila Seifaddinovna Velieva, Mikhail Vyacheslavovich Presnyakov
Corresponding Author
Dzhamila Seifaddinovna Velieva
Available Online 7 December 2020.
DOI
https://doi.org/10.2991/assehr.k.201205.067How to use a DOI?
Keywords
generations of rights, legal determinacy, social rights, collective rights, reflexes of law, the fourth generation rights
Abstract

The article considers the evolution of human rights and freedoms in the context of a generation concept or the theory of generations of human rights. The authors analyze both conceptualization of “new” generations of rights and freedoms and transformation of the “traditional” rights content. The article deals with the problem of meaningful determinacy of human rights and freedoms from the point of view of the sociocultural approach. The analysis of the main rights evolution in connection with dynamics of society social development is presented. Besides, special attention is paid to the transformation of the concept “human rights”. The conclusion is drawn about human rights and freedoms isolation during their evolution from regulations of positive legislation and their recognition in the capacity of independent ontological reality. At the same time not all claims can be identified as rights and freedoms. Studying the so-called rights of the fourth generation, the authors mention that a lot of them represent “reflexes of law”, which exist as the element of negative individual liberty.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
7 December 2020
ISBN
978-94-6239-290-8
ISSN
2352-5398
DOI
https://doi.org/10.2991/assehr.k.201205.067How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Dzhamila Seifaddinovna Velieva
AU  - Mikhail Vyacheslavovich Presnyakov
PY  - 2020
DA  - 2020/12/07
TI  - The Problem of the Content Determinacy of Main Human Rights and Freedoms in the Context of a “Generation” Theory
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 407
EP  - 413
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.067
DO  - https://doi.org/10.2991/assehr.k.201205.067
ID  - Velieva2020
ER  -