SOMATIC HUMAN AND CIVIL RIGHTS

Abstract

The article explores issues related to the formation of a new generation of rights, i.e. somatic (personal) rights and freedoms. Today somatic (personal) rights are viewed quite differently than 20 to 30 years ago. New evaluations of these rights have been emerging. All that is positive should receive appropriate legal support in our law and practice. Somatic rights can include the rights to organ transplantation, artificial reproduction (in vitro fertilization, surrogacy), sterilization, abortion, sex change, sexual rights and some others. In this case, we are actually talking about rights to manipulate bodily substance. The right to life and human dignity and the right to liberty and security of person are the core of personal (somatic) rights. Attention is drawn to constitutional sources of somatic rights. Current Belarusian laws providing for the exercise of somatic rights is analyzed. It is emphasized that the foundations of our society are stronger as compared to some Western countries where same-sex marriages, homosexuality promotion and child adoption by same-sex couples are commonly practiced. The article makes proposals to improve legislation and law-applying practice.