DEVELOPMENT OF THE HUMAN RIGHTS GENERATION THEORY: ISSUES OF TRANSITION FROM TRADITIONAL RIGHTS TO DIGITAL RIGHTS

Abstract

This article comprehensively analyzes the formation, stages of development, and modern interpretations of the theory of dividing human rights into generations. Based on the concept of three generations put forward by the French jurist Karel Vasak, the study reveals the legal nature of civil and political rights and economic, social, and cultural rights, as well as solidarity rights and the mechanisms for their provision. The article separately examines the existing theoretical debates regarding the collective nature of third-generation rights, their subject, content, and legal obligations. Also, a critical approach is expressed to the issue of recognizing digital rights, which are being formed in the context of digitalization processes and the fourth industrial revolution as an independent fourth generation of human rights. The author substantiates that the interpretation of digital rights as a form of implementation of existing human rights in the digital environment is more scientifically justified and puts forward important scientific conclusions and proposals for future research in this direction. It also puts forward important scientific conclusions and proposals for future research in this area. The research used comparative-legal, historical, and systematic analysis methods, and the scientific views of leading legal scholars and international legal documents were thoroughly studied.