Fifth generation of human rights

The article presents a comprehensive theoretical study of the evolution of human rights through the prism of the concept of “generations,” with special emphasis on the rationale and content of the fifth generation of rights. It is noted that four generations of human rights have been formed in legal doctrine, reflecting the historical stages of the development of rights and freedoms. The first generation (“rights of freedom”) includes civil and political rights that emerged in the 17th–18th centuries as “negative” obligations of the state, requiring non-interference in the personal sphere. The second generation (“rights of equality”) developed in the 19th–20th centuries and encompasses economic, social, and cultural rights, which, conversely, oblige the state to take active measures to ensure social welfare. The third generation (“rights of solidarity”) addresses the collective interests of communities, such as the rights to peace, self-determination, and a healthy environment. At the turn of the 20th–21st centuries, the fourth generation, or somatic rights, emerged, related to the autonomy of the individual over one’s own body, including reproductive rights, gender identity issues, and euthanasia. The study emphasizes the emergence of new legal phenomena associated with digital technologies, bioethics, and global challenges that do not fully fit into previous generations of rights. A leading place among them belongs to digital rights, such as the right to Internet access, digital self-determination, and personal data protection. Particular attention is given to the “right to be forgotten,” which allows individuals to delete outdated or harmful information about themselves from online spaces. The article proposes a definition of the fifth generation of human rights and outlines its content, including digital rights (the right to be forgotten, the right to data protection, etc.), rights related to biotechnological developments (genetic information governance, neuro-rights), and the rights of future generations (the right to a safe environment and sustainable development). It concludes that recognizing the fifth generation of human rights is essential for an adequate response to modern challenges and the effective protection of human dignity and rights in the digital era. The need for further normative consolidation of these emerging rights and harmonization of international efforts in this area is also emphasized.