Ensuring and Protecting the Right to Sexual Orientation and Gender Identity Through the Prism of Echr Decisions Implementation

Lazur, Yaroslav; Shelever, Nataliya

doi:10.32782/2524-0374/2023-1/160

Cited by 1 publication

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“…The right to sexual and gender autonomy is defined as a person's right to freely choose ways of self-determination and self-identification, regardless of their sexual orientation and gender identity (Gerbut, 2019). This right cannot be limited by social morality, public order, traditional family values, or the interests of the child, as international norms, the practice of the European Court of Human Rights (ECHR), and the current conditions of societal development indicate the obsolescence and irrelevance of such arguments.…”

Section: Resultsmentioning

confidence: 99%

Transformation of the content of human rights under the influence of globalisation

Balynska,

M. Yevkhutych,

R. Serkevych

et al. 2024

SLS

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Human rights have transcended the realm of individual-state relations, becoming a constructive element of state legal systems and promoting the integration of social and legal relations, leading to the emergence of previously unknown human rights. Therefore, it is necessary to develop a legal understanding of them, considering contemporary realities. The purpose of the study is to describe and characterise the latest human rights within the framework of the general theory of law and the state. The methodological basis of the study is civilisation and socio-philosophical approaches, within which analysis, synthesis, and modelling methods were used. The essence of distinguishing generations of human rights boils down to the gradual realisation and resolution of issues of human legal status in a changing reality. Social relations, complicated by historical development, will give rise to new problems in human legal status. Attention is drawn to the close connection of human rights with the sphere of health protection, which arose as a result of scientific and technological achievements in biology and medicine, discussing rights to artificial insemination, euthanasia, organ transplantation, cloning, and gender change. The impact on fundamental human rights through the digitisation of law is analysed. The idea of the universality of human rights harmoniously interacts with the universality of digital technologies, so in the era of digitisation, the content of human rights and the related values do not change, and human rights themselves can become a unifying target perspective in determining attitudes towards new technologies. The main trends in the development of human rights in the conditions of globalisation are modelled, including the universalisation and unification of human rights, the complication of mechanisms for ensuring human rights at the international level, and the increasing importance of judicial law in protecting human rights at the supranational level. The paper focuses on the dependence of globalisation processes on transforming national legal systems in war conditions. The practical value of the study lies in its potential to incorporate the trends in human rights development within the context of globalisation into specific topics covered in courses on state and legal theory, philosophy of law, and the creation of relevant educational and methodological resources

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Section: Resultsmentioning

confidence: 99%