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Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series

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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.

About the Author

D. G. Vasilevich
General Prosecutor’s Office of the Republic of Belarus The Academy of Management under the President of the Republic of Belarus
Belarus

Ph. D. ( Law), Assistant Professor, Head of Division

 



References

1. Kruss, V. I. (2000), ″Personal (′Somatic′) Human Rights in the Constitutional and Philosophical and Legal Dimension: Stating a Problem″, State and right, no. 10, pp. 43–50.

2. Abashidze, A. A. and Solntsev, A. M. (2009), ″A New Generation of Human Rights: Somatic Rights″, Moskovskii zhurnal mezhdunarodnogo prava [Moscow Journal of International Law], no. 1 (73), pp. 69–82.

3. Starovoitova, O. E. (2006), ″Legal Mechanism for the Exercise and Protection of Somatic Human and Civil Rights in the Russian Federation: A Historical, Legal and Theoretical Analysis″, Abstract of D. Sc. Dissertation, Theory and history of law and state; history of legal doctrines, St. Petersburg University of MIA RF, St. Petersburg, RU.

4. Kovler, A. I. (2002), Anthropology of Law, Norma, Moscow, RU.

5. Avak′yan, S. A. (2014), Constitutional Law of Russia: A Course Textbook in 2 vol. Vol. 1, 5nd ed., revised and enlarged, Norma: INFRA-M, Moscow, RU.

6. (2012), ″Law of the Republic of Belarus No. 341-Z of 7 January 2012 on Assisted Reproductive Technologies”, National Register of Legal Acts of the Republic of Belarus, 18.01.2012, no. 8, 2/1893.

7. (2014), ″Law of the Republic of Belarus No. 2435-XII of 18 June 1993 on Health Care (as amended on 16 June 2014)″, National Register of Legal Acts of the Republic of Belarus, 07.07.2008, no. 159, 2/1460.

8. (2015), ″Situation of Abortion in Belarus is Neither Worse, Nor Better than in Europe″, Available at: http://naviny.by/ rubrics/society/2015/09/30/ic_news_116_464250/, (Accessed 17.10.2016).

9. Goncharik, A. (2013), ″IVF at a preferential loan″, Narodnaya Volya, 01.04.2013.

10. (2008), ″Resolution No. 1580 of the Council of Ministers of the Republic of Belarus of 23 October 2008 on Setting the List of Social Indications for Abortion and on Repealing Resolution No. 902 of the Council of Ministers of the Republic of Belarus of 5 July 2002″, The National Register of Legal Acts of the Republic of Belarus, 03.11.2008, no. 261, 5/28595.

11. (2013), ″Changing Sex is Harder than Launching a Tramline″, Free News Plus, april 9, p. 7.

12. (1994), International Classification of Diseases (10th Revision): Mental and Behavioral Disorders, St. Petersburg, RU.

13. (2013), ″Resolution No. 163 of the Ministry of Health of the Republic of Belarus of 9 December 2010 on Certain Matters of Changing and Correcting Sex″, Available at: http://www.levonevski.net/pravo/norm2013/num11/d11627.html, (Accessed 17.10.2016).

14. (2014), ″For the First Time Ever, a Transsexual Apprehended in Belarus″, Availabel at: http://www.vecherniy-mogilev. by/2014/136/trans.html, (Accessed 02. 07. 2016).

15. ″Mikhail Pishchevsky’s Murderer Gets 3 Years of Prison Time″, Availabel at: http://www.belnovosti.by/ society/50106-280720161410.html, (Accessed 28.07.2016).


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ISSN 2524-2369 (Print)
ISSN 2524-2377 (Online)