The Problem of the Content Determinacy of Main Human Rights and Freedoms in the Context of a “Generation” Theory
- DOI
- 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/).
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 - 10.2991/assehr.k.201205.067 ID - Velieva2020 ER -