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Published on: February 16, 2011
Fourth generation human rights in the context of health care
Anastasiia Mernyk1, Yevhen Hetman2, Heorhii Mishcheriakov2
1YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, KHARKIV, UKRAINE.
Objective:
Aim: The aim of the article is to analyze the place and development of the right to health care in the fourth generation concept of human rights, to study the relationship between the formation of new generation rights and the development of science and technology, to investigate the current state of recognition and consolidation of the new concept of rights at the international level and some aspects of application of related international legislation in practice.
Patients And Methods:
Materials and Methods: The authors study the right to health care, its interaction with new technologies and its evolution in the context of scientific and technological progress. General scientific methods such as systematic analysis and dialectical methods were used for the study. The research is based on international legal acts and agreements, scientific articles, and the case law of the ECHR.
Conclusion:
Conclusions: In the process of the study, the authors conclude that the main idea of the concept of fourth-generation rights is to find a balance between the introduction of the benefits of technological progress into human life and human dignity and identity. Also, the authors conclude that the classical three generations of rights are insufficient to solve all the problems of modern legal science. Finally, the authors conclude that some important issues of modern law, such as euthanasia and assisted suicide, are not recognized and internationally enshrined in any way.
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