Human rights issues are present today in almost every area of society and, accordingly, occupy a special place in it. Due to the fact that modern Ukraine is in a transitional state of creating legal, state and public institutions, the process of formation of civil society requires the identification of the nature of legal relations in a transitional period. After all, relations in civil society should be formed on the basis of awareness of the inalienability and non-repudiation of natural human rights. They should be based on the positive legislation of the state. They are the key to the effectiveness of the entire system of social relations. Ensuring human rights is the criterion by which the achieved level of democracy in the state is assessed. The beginning of this process can be called consolidation in the Basic Law of the provision that a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value, and determining the priority of universal values. At the same time, the needs of the present, in fact, directs the development of modern law, is the development of certain general legal standards that allow us to move on to a new qualitative coexistence of nations in the modern world on substantial humanistic principles. In addition to examining the established mechanisms and specifics of protecting everyday human rights, the article examined the new human rights that exist in post-modern society, which today are called the rights of the “fourth generation”.
Purpose. The article is aimed to study the anthropological, socio-philosophical and philosophical-legal dimensions of the ontological sphere of human life within the discourse of restricting human rights during pandemic threats. To do this, one should solve a number of tasks, among which are the following: 1) to explore the anthropological and praxeological understanding of fear as a primary component of human existence in a pandemic, which prevents people from changing their lives for the better and healthier, having fun and happiness; 2) to put a focus on the habituation of fear as a two-dimensional (short-term and long-term) adaptation to risks and threats from pandemics; 3) to reflect the anthropological features of changes in human life experience under the influence of the COVID-19 pandemic in the discourse of human rights and public health measures. Theoretical basis. Today, international guiding principles on human rights response to global natural threats have been updated. However, there are still no specific legal recommendations (both at the international and national levels) concerning measures on human rights protection during outbreaks of various infectious diseases. However, the influence of unexpected global challenges (especially COVID-19 and not just that) causes a change in the anthropological component of society and the state, so it requires immediate comprehensive research. Originality. It was substantiated a systematic approach to the implementation of modern healthcare policy towards the recognition of human life as the highest value, increasing the level of psychological preparedness for pandemic challenges and approximation of statutory provisions of human rights protection to modern challenges and threats to the health of the individual, society and state. The study of anthropological, socio-philosophical and philosophical-legal dimensions of human existence in the discourse of pandemic threats made it possible to reveal the profound influence of fear on human life, social justice and, consequently, identify the moral and legal dependence of the development level of society and the state on the level of axiological and anthropological concept of human dignity. Conclusions. Based on the study of statistical reports, international analysis and the use of personal authorial methods, the following can be stated: the methods of combating the modern pandemic have directly affected everyone on national and international level. Their influence is significant because it changes the rules of coexistence and life of people in all spheres. However, the influence on the consciousness and other intentions of the individual has mostly temporally insignificant limits.
The article analyzes the Ukrainian experience of carrying out the procedure of surrogacy. The modern world does not stand still constant progress in all spheres of human activity has given rise to a large number of new rights that have entered the fourth generation of human rights. Surrogacy belongs to the newest generation of human rights, despite the fact that it has a long history of its origin and development, which can be traced back to biblical texts, the laws of King Hammurabi and others. The use of another woman’s womb was acceptable for couples who could not conceive their own child. It clearly illustrates the existence of surrogacy, which has more than 3,800 years. The article analyzes the progressive development of modern technology of IVF, which has opened new opportunities for humanity in case of infertility to have biologically native children. The main problems that exist in the research institute, which are related to each participant of the procedure, are highlighted. The analysis of foreign judicial practice is carried out, which allows to form certain conclusions that will have practical application in domestic realities. The legal regulation of surrogacy is considered, the need to change the age requirement for a surrogate mother and the requirements for the presence of a native child for the future surrogate mother are emphasized. Today, this institution is of particular importance to humanity, as there are many cases of infertility among couples who want to have a child and surrogacy becomes the only chance for them to have a biologically native child. The urgency of the outlined topic is intensified due to the fact that Ukraine has become a real center of surrogacy due to the availability of the procedure and loyal legislation, which allows for an altruistic and commercial form of its conduct. However, the low level of regulation of surrogacy has had a negative impact at all stages of the procedure and needs immediate improvement in order to preserve the interests of each participant, but above all, the child born with this method of assisted reproductive technology. The importance of all the issues outlined is also intensified in connection with the coronavirus pandemic, which has brought many problems into the research institute.
At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to ensure these rights. Such obligations usually derive from international human rights treaties or from the interpretation of international judicial bodies that monitor the implementation of corresponding international treaties. Therefore, it is crucial for the doctrine and practice of international law in the field of human rights protection to analyse the positive obligations of the state, which are consolidated in international treaties and the practice of international judicial bodies. The purpose of this study is to analyse human rights and positive obligations of the state in the context of regional mechanisms for the protection of human rights. Among the general scientific methods, the study used the analysis and synthesis, as well as deduction, induction, prediction, modeling, analogy and other general scientific methods. A thorough study of the positive obligations of the state would be impossible even without the use of special methods of study and cognition, which include comparative legal, historical and legal, technical, and structural-functional methods. In particular, one of the leading research methods was the comparative legal method, which was used to study the practice of regional mechanisms for the protection of human rights. The study provides an overview of the modern interpretation of positive obligations of states. Specifically, this study focuses on the practice of the European, Inter-American and African Human Rights Courts in the context of applying the state's positive obligations
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