Epistemology of the genesis and evolution of new, fourth and fifth generations of human rights

Abstract

Given the current processes of civilizational development of humankind and the obstacles to its further evolution, this research has a very close connection and is complementary to the integration of sciences (scientific, theoretical, and methodological substantiation) and practice (introduction and implementation of new generation components). The author of the research emphasizes, in particular, that a comprehensive approach is needed to address this problem, focusing on the human being in the process of the historical development of human civilization, human rights and freedoms. A person is an epicenter of considering problems. Therefore, the analysis is conducted and unfolded in the plane of human-centeredness: the place and role of a person in the system “Person – Society – State” and the development of civilization processes on the planet. The researcher reveals the essence of the problem and the state of its research and draws conclusions against the background of globalization processes and relations between countries in the world. As we have already indicated, scientific and technological advances in various spheres of public life require new legal relations in order to provide humanity with legal norms for solving problems that have arisen at the present stage of civilization processes. The process of evolution of rights occurs in accordance with the multidimensional development of human civilization and is an essential priority for the protection of a person as the highest social value – the creator of the material and spiritual goods and values, and as a subject of legal protection. Human rights are expanding, and their content and scope are being improved in accordance with modern needs and with the aim of implementing the concept of social justice. The concept of rights is evolving, supplemented by new components, as the dynamics of life puts forward new and new requirements for ensuring human rights and freedoms in the XXI and subsequent centuries. The researcher convincingly proves that the realization of fourth-generation rights indicates that their moral and ethical aspects are already transferring and will transfer to fifth-generation problems, which must be addressed in an integrated manner. She notes that it will be challenging to find simple solutions immediately. The author suggests ways to solve the problems encountered in forming the components of the fifth generation of rights. The scholar draws reasonable conclusions based on the cause-and-effect relationship – the factors influencing the formation of the fourth and fifth generations of human rights. The main ones are globalization transformation processes, scientific and technological advancement, etc. The theoretical and methodological foundations of philosophy, law, religious canons, moral and cultural traditions, and the progress of human civilization are taken into account and put into practice.