Somatic human rights and their role in the concept of the service state

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The scientific article is devoted to the legal analysis of somatic human rights and their role in the modern concept of service state. It is postulated that the volume of somatic human rights cannot be regulated by conventional means. By means of historical and legal analysis, the peculiarities of the genesis of the three recognized generations of human rights are established, as well as the characteristic features of somatic rights, which, according to the authors, cannot be unambiguously attributed to any generation of human rights due to the determinism of scientific and technical factors in the development of medical technologies in a particular state. Taking into account the legislative novelties in the Russian legal system of the last few years, the conclusion is made that the Russian legislator does not follow the path of absolute recognition of the whole volume of somatic human rights, but, taking into account the spiritual and moral values established in the Russian society, partially legalizes some somatic rights, while other somatic rights are criminalized and are not allowed to be realized.

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Law, human being, somatic rights, state, citizen, law, health care, generation

Короткий адрес: https://sciup.org/14131502

IDR: 14131502

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