22 (4)
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2021
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

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Human Dignity and Genomic Technologies (Philosophical and Legal Aspects)

Krylatova Irina
Contemporary scientific and technological process leads to rethinking of human nature and its components including dignified treatment. Identification of the permissible treatment in genomic experiments draws the core discussion about the essence of human dignity. In this regard the article focuses on deep transformation of human dignity nature in terms of new biotechnological challenges and rapid development of genomic technologies. The author analyses main philosophical and legal conceptions of human dignity and concludes about guiding and interdisciplinary role of human dignity in the human rights system and policy. The research goes on to define the somatic rights within the category of human rights and shows new aspects of exercises the somatic rights arisen in increased use of genomic technologies. Author compares philosophical doctrine of inherent generic dignity of every human being and personality theory in legal acts. The article pays special attention on the analyses of recent genomic achievements and genomic manipulation for the last 5 years where the subjects of manipulation are ambryos and their tissues. Further, the article deals with philosophical, legal and medical justification of viability and sensitivity of human embryos and fetuses. The author considered the necessity of establishment the concept of moral status of embryo during genomic and genetic manipulations.
 Keywords: genomic technologies, human dignity, somatic human rights, moral status of embryo, biotechnologies, genetic editing, genomic information.

 

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The Right to Access the Internet: Its Legal Content and the Mechanism of Implementation

Mochalov Artur , Kolobaeva Natalia , Nesmeyanova Svetlana
The article presents the authors' position on the right to access the Internet. According to the authors, this right can be considered as a human right. Nevertheless, this right is not fundamental; it can be derived from internationally recognized human rights and freedoms. Proving this thesis, the authors analyze the legal content of the right as well as the legal mechanism of its enjoyment by individuals. The authors come to the conclusion that all legal possibilities covered by the right to access the Internet are guaranteed by the existing fundamental rights. According to the authors, the right to access the Internet has a multi-component legal mechanism of enjoyment involving the elements of mechanisms provided by other human rights and freedoms. In this regard, the system of guarantees of this right includes both negative guarantees (aimed at ensuring personal freedom, autonomy of individuals and non-interference in their private life), and positive ones (requiring the states’ active actions to create conditions for providing equal opportunities for getting access to the global computer network without discrimination and at a reasonable price). The authors argue that exercising the right to access the Internet by individuals lead to the result that does not repeat the results of enjoyment of other rights and freedoms. This result is not a mere expansion of the tools for searching, receiving and disseminating information. It consists in involving an individual to the global information society, which opens up wide opportunities for enjoying many other rights and freedoms, at a qualitatively new level. The article also provides an analysis of the main international documents in the field of providing access to the Internet and regulating this issue at the national level. Based on a comparative legal study of the regulation of Internet access in various countries, the authors come to the conclusion that at present it is impossible to formulate a uniform approach to determining the content of the right and the mechanisms for its enjoyment, which would be sufficiently universal and would be satisfactory from the point of view of both international law and national legal systems. In this, the authors of the article see the need for further doctrinal development of the right to access the Internet and elaboration of international standards in this field.
Keywords: Internet, access to the Internet, the right to access the Internet, human rights, subjective rights, the global information society, the right to information, freedom of expression, human rights guarantees. 
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