OBSERVARE
Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier
Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026
165
GENERATION OF HUMAN RIGHTS AND THEIR ROLE IN THE FORMATION OF
THE CONCEPT OF "CONSTITUTIONAL MAN": IN THE DIMENSION OF NATIONAL
AND INTERNATIONAL DOCTRINES
RUSLAN HVAN
hvanryslan@ukr.net
PhD (Legal Sci.) National Tax Service of Ukraine in the Odesa Region
Odesa (Ukraine) 0000-0002-5053-6343
MIKHAILO BAIMURATOV
baymuratov@ukr.net
Doctor Habilitat of Legal Sciences, Professor of the Department of Political Sciences and Law
Socio-legal Faculty South Ukrainian National Pedagogical University named after K.D. Ushinsky
Odesa (Ukraine) 0000-0002-4131-1070
BORIS KOFMAN
kofmanboris@ukr.net
Doctor of Legal Sciences, Professor of the Department of Political Sciences and Law
South Ukrainian National Pedagogical University named after K. D. Ushinsky
Odesa (Ukraine) 0000-0003-0599-9143
NATALIA YEFREMOVA
efremova_natalia1970@ukr.net
PhD (Legal Sci.), Associate Professor of the Department of History of State and Law of National
University "Odessa Law Academy" Odesa (Ukraine) 0000-0003-0497-2619
DENYS BOBROVNYK
bobrovnykfehys@ukr.net
PhD (Economic Sci.) Department of Constitutional and Administrative Law
Faculty of Law, National Aviation University Kyiv (Ukraine)
Baimuratov and Partners Lawyer Alliance Odesa Ukraine 0000-0002-1142-6926
Abstract
The relevance of the study arises from the growing importance of the concept of the
“constitutional person” in the context of globalization, digitalization, and socio-political
transformations. As legal systems adapt to modern challenges, the need to harmonize national
and international standards and to develop effective institutional mechanisms for protecting
human rights becomes increasingly urgent. The research aims to systematize the evolution of
this concept, reveal the patterns of its transformation in legal thought, and outline prospects
for modernizing the legal system amid global and digital changes. The study employs
historical-legal, comparative, systemic, and analytical methods, enabling a comprehensive
examination of the development of the idea of the “constitutional person,” the impact of
historical and cultural contexts on legal institutions, and the identification of key trends in its
contemporary reinterpretation. The findings demonstrate the gradual formation of the
normative and institutional foundations of the concept, the integration of international
standards into national legal frameworks, and the influence of digital and social
transformations on the realization of individual rights and freedoms. The results confirm the
need to adapt legal mechanisms to modern challenges, enhance the effectiveness of human
rights protection, and strengthen institutional guarantees. The concept of the “constitutional
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
166
person” emerges as a fundamental element of the legal architecture that ensures a balance
between state interests and individual rights. The study proposes recommendations for
legislative modernization and for developing strategies in legal education and institutional
human-rights protection.
Keywords
Constitutional man, human rights, evolution of the concept, bioethics, globalization.
Resumo
A relevância do estudo decorre da crescente importância do conceito de «pessoa
constitucional» no contexto da globalização, digitalização e transformações sociopolíticas. À
medida que os sistemas jurídicos se adaptam aos desafios modernos, torna-se cada vez mais
urgente a necessidade de harmonizar as normas nacionais e internacionais e desenvolver
mecanismos institucionais eficazes para a proteção dos direitos humanos. A pesquisa visa
sistematizar a evolução desse conceito, revelar os padrões de sua transformação no
pensamento jurídico e delinear perspectivas para a modernização do sistema jurídico em meio
às mudanças globais e digitais. O estudo emprega métodos histórico-jurídicos, comparativos,
sistêmicos e analíticos, permitindo uma análise abrangente do desenvolvimento da ideia de
“pessoa constitucional”, do impacto dos contextos históricos e culturais nas instituições
jurídicas e da identificação das principais tendências em sua reinterpretação contemporânea.
As conclusões demonstram a formação gradual dos fundamentos normativos e institucionais
do conceito, a integração de normas internacionais nos quadros jurídicos nacionais e a
influência das transformações digitais e sociais na realização dos direitos e liberdades
individuais. Os resultados confirmam a necessidade de adaptar os mecanismos jurídicos aos
desafios modernos, aumentar a eficácia da proteção dos direitos humanos e reforçar as
garantias institucionais. O conceito de «pessoa constitucional» surge como um elemento
fundamental da arquitetura jurídica que assegura um equilíbrio entre os interesses do Estado
e os direitos individuais. O estudo propõe recomendações para a modernização legislativa e
para o desenvolvimento de estratégias na educação jurídica e na proteção institucional dos
direitos humanos.
Palavras-chave
Homem constitucional, direitos humanos, evolução do conceito, bioética, globalização.
How to cite this article
Hvan, Ruslan, Baimuratov, Mikhailo, Kofman, Boris, Yefremova, Natalia & Bobrovnyk, Denys
(2026). Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines. Janus.net, e-journal of international
relations. Thematic Dossier - Rule of Law, Human Rights, and Institutional Transformation in Times
of Global and National Challenges, VOL. 16, Nº. 2, TD3, March 2026, pp. 165-190.
https://doi.org/10.26619/1647-7251.DT0226.9
Article submitted on 24 November 2025 and accepted for publication on 14 January
2026.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
167
GENERATION OF HUMAN RIGHTS AND THEIR ROLE IN THE
FORMATION OF THE CONCEPT OF "CONSTITUTIONAL MAN":
IN THE DIMENSION OF NATIONAL AND INTERNATIONAL
DOCTRINES
RUSLAN HVAN
MIKHAILO BAIMURATOV
BORIS KOFMAN
NATALIA YEFREMOVA
DENYS BOBROVNYK
Introduction
In the current conditions of globalization and digital transformations, legal thinking is at
a stage of intensive evolution, which necessitates a rethinking of traditional approaches
to the concept of human rights. The concept of "constitutional person" is particularly
relevant, which integrates historical and legal traditions, moral and ethical norms and
modern social standards into a single model of the legal status of an individual. The
importance of this concept is due to its ability to serve as a normative basis for the
protection of rights and freedoms and a mechanism for reconciling the interests of the
state and the individual in the context of sustainable development and democratization
of social processes.
The relevance of the study is enhanced by modern challenges, in particular the
digitalization of social relations, the spread of artificial intelligence, the transformation of
labor and educational practices, as well as the need to ensure human rights in conditions
of emergency situations and social instability. These factors determine the need for a
systematic understanding of the "constitutional person" as a key element of the legal
architecture of society, integrating international standards and national practices.
Studying the evolution of the concept of "constitutional person" allows us to determine
the patterns of development of legal norms, the influence of historical and cultural
contexts on their institutionalization, and outline the prospects for modernization of the
legal system, taking into account global and local trends. In this context, the study has
theoretical and practical significance, since the results can be used to improve national
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
168
legislation, formulate legal education policies, and develop institutional protection of
human rights.
Therefore, the subject of the study is the historical and legal evolution of the concept of
"constitutional person", and the object is the modern mechanisms for the implementation
of individual rights and freedoms in the context of globalization and digital
transformations. Achieving the goal of the study requires the comprehensive application
of methods of historical and legal, comparative and systemic analysis, which provides a
comprehensive assessment of the dynamics of the development of the concept and the
identification of key trends in its transformation.
The purpose of writing a scientific article is a comprehensive analysis of the evolution of
the concept of "constitutional person" in the context of the development of legal thinking,
as well as the determination of the patterns of formation of individual rights and freedoms
within national and international legal systems. The research is aimed at identifying the
relationship between historical and legal approaches, generations of rights and modern
challenges of globalization, digitalization and bioethical transformations, which allows
developing a holistic model of the integrated legal status of a person as a subject of law
and morality.
Literature Review
The genesis of the concept of "constitutional man" should be viewed as a
multidimensional intellectual and legal process that combines the historical and
philosophical foundations of constitutionalism with the dynamics of international legal
transformations and the national reception of universal human rights standards. Three
interrelated paradigms were decisive in the trajectory of this process: (1) the classical
natural-law universalism of the mid-20th century, which found its codified expression in
the Universal Declaration of Human Rights as a normative matrix of dignity and equality;
(2) the treaty-institutional era of the 1960s–1980s, represented by the International
Covenants of 1966 (ICCPR and ICESCR), which translated moral imperatives into
systemic obligations of states and control mechanisms; (3) a contemporary postmodern
interpretation that transforms legal personality into a complex construct category that
includes moral and value autonomy, social responsibility, and technological
accountability. These stages are confirmed by key international texts that continue to
perform a normative function in the process of constitutionalization of human rights
(UNTC, 1976; United Nations, 1948)
The thesis that the "constitutional person" is not so much a new legal actant as a
conceptual repositioning of the individual as the ontological center of the constitutional
order currently dominates the scientific discourse. Khwan (2025) proposes a
phenomenologically-oriented approach in which the local level of self-government acts
as a key space for filling constitutional subjectivity with practical content; thus,
municipalism acts not only as an instrument for the implementation of rights, but also as
a source of forming the legal consciousness of territorial communities. Thus, the
"constitutional person" appears as a subject of two orders – normative (the bearer of
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
169
rights guaranteed by the constitution) and effective (the subject of socio-political life at
the local level), which emphasizes the need for institutional decomposition of legal
guarantees.
Work by Deiak (2024), devoted to the phenomenon of "constitutionalization", emphasize
the processes of integration of constitutional principles into domestic legal systems as a
key mechanism for the protection of the individual: constitutionalization acts as a method
of systemic legitimation of rights, which ensures their priority in the legal hierarchy and
standardizes the procedures for their protection. This approach allows to connect
theoretical constructions with practical tools – from the direct effect of constitutional
norms to judicial mechanisms of interpretation. International and regional instruments
(European Convention on Human Rights; EU Charter of Fundamental Rights) additionally
produce a precedent normative fabric, which complicates a simple distinction between
«international» and "national" levels of protection and stimulates a coherent reception of
the concepts of dignity and autonomy (Council of Europe, 1950; European Union, 2012).
In the theoretical discussion of the status of the individual, contemporary constitutional
law increasingly contrasts the categories of "citizen" with the category of "person".
Bosniak (2010) emphasizes that personhood frees the individual from the framework of
nationality and orients the legal system towards the universalism of protection; however,
this also creates a tension between the rights that flow from citizenship and the universal
norms that can be applied to individuals without national status. Mailey (2022) in turn
draws attention to the paradox of the protective role of law: constitutional mechanisms
designed to protect the individual sometimes insufficiently analyze or do not adequately
respond to the harm caused by the state itself – a phenomenon that requires the theory
of new tools for criticism and accountability of state power. These positions outline the
theoretical field in which the "constitutional person" unfolds as a complex legal and social
category.
The analytical perspective on the generations of human rights confirms that each
subsequent generation does not annul the previous one, but rather incorporates and
transforms its emphases: the first generation established individual freedoms, the second
– social guarantees, the third – collective rights of solidarity, the fourth and fifth –
informational, ecological and bioethical norms that require new mechanisms of
implementation and control (Britannica, 2025; Khoo, 2015; López Baroni, 2020;
Schabas, 2021a, 2021b; Turyanytsia, 2022). This is empirically and normatively reflected
in international acts and recommendations, which translate the concept of dignity into
the plane of technological and environmental responsibility (Humanium, 1966; UNESCO,
2005; 2021; United Nations, 1948; UNTC, 1976). Thus, the "constitutional person"
acquires moral and value autonomy, which entails for the state not only negative (non-
interference) obligations, but also positive obligations to create conditions for the
implementation of autonomy (education, access to information, environmental safety,
regulation of technologies).
Critical works, in particular Golia and Teubner (2021), add a historical and methodological
dimension to this discourse, showing that constitutionalism as an intellectual tradition
evolves in response to socio-economic challenges and technological change, and its
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
170
theoretical framework must be constantly revised. The contemporary scholarly palette
also includes works that draw attention to the jurisprudential transformation of the
concepts of "person" and "people" (Slaughter, 2014; Ciepley, 2024), which correlates
with the multi-level reception of rights at the national and supranational levels. Taken
together, these sources outline the empirical and conceptual basis for further research,
in which the scientific novelty lies in the formulation of a theoretical and practical model
of the "constitutional person" that synthesizes the rights of generations with the
requirements of technological ethics and ecological sustainability.
Modern scientific discourse indicates that the "constitutional person" is a dynamic concept
that is constantly being filled through the processes of constitutionalization and reception
of international standards (Deiak, 2024; Khwan, 2025); in addition, the transformation
of legal personality towards moral and value autonomy requires new methodologies from
legal science – interdisciplinary, combining law, ethics, technological studies and ecology.
The implementation of this concept in national systems (in particular in Ukraine) is a
matter of normative editing, as well as institutional restructuring, aimed at ensuring that
the constitution becomes a vital mechanism for the protection and development of human
autonomy in the conditions of the 21st century (Council of Europe, 1950; European
Union, 2012).
Methods
The following methods were used in the research process:
- Historical and legal analysis was used to track the evolution of legal concepts, the
development of generations of rights, and their implementation in national and
international legal acts;
- the comparative method was applied to compare constitutional models and practices of
human rights protection in different jurisdictions, including the EU, international treaties
and national constitutions;
- systems analysis was applied to integrate multi-level legal norms, institutional
mechanisms, and moral and ethical aspects into a single model of a "constitutional
person";
- method was used to formulate conclusions about the current state of the concept of
human rights and predict its transformations in digital, environmental, and global
contexts;
- the method of systematization used is the study of legal acts, international treaties,
scientific sources and statistical materials that confirm the trends in the development of
legal norms and practices.
Research Results
The evolution of human rights ideas should be viewed as a dynamic process in which
different "generations" of rights were gradually formed, responding to historical, socio-
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
171
economic and technological challenges. Based on the classical classification proposed by
Vasak in the late 1970s (liberté – égalité – fraternité) and according to which the first
generation includes civil and political rights, the second – socio-economic and cultural,
and the third – solidarity or collective rights, it is worth noting that this scheme also
becomes the basis for understanding the formation of the concept of "constitutional man"
(Domaradzki et al., 2019). The evolutionary and doctrinal characteristics of the
generations of human rights and their role in the formation of the concept of
"Constitutional Man" are given in Table 1.
Table 1. Evolutionary and doctrinal characteristics of generations of human rights and their role
in the formation of the concept of "Constitutional Man"
Human
Rights
Generation
Historical and
legal evolution
Contents and key
regulatory sources
Implementation
features
The role in the
formation of the
concept of
"Constitutional
Man"
1st
generation:
Civil and
political
rights
It was formed
during the Age of
Enlightenment, as
a result of the
bourgeois
revolutions of the
17th–18th
centuries (England,
USA, France). It
affirmed the ideas
of natural law,
individual freedom,
and the rule of law.
Major acts include Bill of
Rights (1689); Declaration
des rights from the man
and du citizen (1789);
Universal Declaration of
Human Rights (1948);
International Covenant on
Civil and Political Rights
(1966); and provide for the
right to life, liberty,
personal integrity, freedom
of thought, speech,
religion, and participation in
political life.
Mostly "negative"
rights require non-
interference by the
state. Mechanisms:
judicial review,
constitutional
guarantees,
independence of
the court.
Challenges include
abuse of power,
inequality of access
to justice.
They form the legal
foundation of the
constitutional
subjectivity of a
person. A
"constitutional
person" is a free
citizen, guaranteed
against the
arbitrariness of the
state.
2nd
generation:
Socio-
economic
and cultural
rights
Origin in the 19th
century,
development after
the First and
Second World
Wars; influence of
socialist ideas,
concept of a
welfare state.
Main acts: International
Covenant on Economic,
Social and Cultural Rights
(1966); Constitutions of the
20th century (Germany,
Italy, Spain, etc.). Content:
the right to work,
education, social
protection, housing,
healthcare, participation in
cultural life.
"Positive" type of
rights: the state
must create
conditions and
resources for their
implementation.
progressive
implementation
realization ").
Expand the meaning
of the constitutional
status of a person:
from freedom to
dignity and well-
being.
"Constitutional
person" is a socially
secure subject, a
bearer of dignity and
solidarity.
3rd
generation:
Collective
(solidarity)
rights
They arose after
the processes of
decolonization and
the development of
international law in
the 1960s and
1970s (ideas of
fraternité).
Main acts: African Charter
on Human and Peoples '
Rights (1981); Rio
Declaration on Environment
and Development (1992).
Content: the right of
peoples to self-
determination, peace,
development, a healthy
environment.
Implementation
requires
cooperation
between states and
international
institutions.
Challenges include
sovereignty,
inequality between
the global North
and South, and the
lack of
enforcement
mechanisms.
They are forming the
image of a "global
constitutional man"
who acts not only
within national
jurisdiction, but as a
member of the
international
community.
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VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
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March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
172
Generation
IV:
Bioethical
and digital
rights
Associated with the
scientific and
technological
revolution,
biotechnology,
artificial
intelligence,
digitalization of
society (late 20th –
early 21st
centuries).
Key documents: GDPR
(2016); UNESCO Universal
Declaration on Bioethics
and Human Rights (2005).
Content: right to digital
identity, protection of
personal data, bioethical
autonomy, access to the
Internet.
Challenges include
algorithmic
discrimination,
cyber threats,
unequal access to
technology, and
the need for global
regulation and an
interdisciplinary
approach.
It affirms the
"technological
person" as a subject
of the digital space,
for whom the state
must guarantee the
latest rights and
data security.
Fifth
generation:
Environment
al and future
generations'
rights
Formed in the 21st
century against the
backdrop of climate
change, the
biodiversity crisis,
and sustainable
development
concepts.
Main documents: Paris
Agreement (2015); UN
Resolution 76/300 (2022) –
the right to a healthy
environment.
Content: rights of nature,
rights of future
generations, environmental
justice.
Requires global,
transnational
mechanisms;
institutionalization
of “ecological
constitutionality.”
Challenges include
economic interests,
weakness of
international
control.
"Constitutional Man"
– environmentally a
responsible subject
who is aware of
solidarity with nature
and future
generations.
Source: compiled by the author based on (Britannica, 2025; Humanium, 1966; Khoo, 2015;
López Baroni, 2020; Rights Recall, 2025; Schabas, 2021a, 2021b; Turyanytsia, 2022)
Within the first generation – civil and political rights – the basic legal status of the
individual as a subject of law in a constitutional state was established. The ideas of the
Enlightenment, the French Revolution and early constitutionalism formed a legal tradition
according to which a person has fundamental rights: the right to life, liberty, personal
integrity, freedom of thought, religion, speech, the right to participate in political life and
legal protection. In the international legal field this began to be embodied after 1948
through the Universal Declaration of Human Rights and later through International
Covenant on Civil and Political Rights (UNTC, 1976; United Nations, 1948).
Understanding the first generation as "negative" rights (i.e. those that impose on the
state the obligation to refrain from interference) provides the basis for the model of the
"constitutional person", who acts as an active carrier of legal protection and participation.
National doctrinal approaches to the rule of law are closely connected with the
implementation of these rights: it is through these guarantees that the state ceases to
be absolute and acquires the features of a legal order in which the person acts as a
subject, not an object.
The second generation, socio-economic and cultural rights, opens up a new dimension of
the legal status of the human being, focused not only on freedom from interference, but
on the ability to realize one's dignity and secure one's living conditions. According to
international law, this was crystallized in the International Covenant on Economic, Social
and Cultural Rights (1966, in force since 1976) (Humanium, 1966). This area includes
the right to work, fair remuneration, social protection, health care, education,
participation in cultural life, housing, etc. (Schabas, 2021a). In the context of the
implementation of such rights, the state must take positive action, provide resources,
policies and legal mechanisms that create opportunities for action by subjects – the idea
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VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
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March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
173
of \u200b\u200b "expanding" the legal status of a person by adding social aspects. At
the same time, in practice it is recognized that these rights are often implemented
gradually ("progressive realisation") and depend on public resources. (Saul et al., 2014)
For the concept of "constitutional person" this means that the legal status of a person
constitutes not only participation and freedom, but also the provision of opportunities for
the use of these freedoms; a person becomes a full-fledged citizen in the social space.
The third generation or solidarity (collective) rights form the global dimension of human
rights, going beyond the national individual and heading towards groups, peoples,
humanity as a whole. Among such rights are the right to development, the right to peace,
the right to a healthy environment, the right of peoples to self-determination (Khoo,
2015). As Schabas (2021b) notes, although the status of these rights in international law
remains debatable, they are collective in nature and often require the cooperation of
many actors (states, international organizations, civil society). In national doctrine, the
integration of these rights at the constitutional or legislative level is a difficult task;
however, they contribute to the interpretation of a person as a participant in the global
community, and not exclusively a national citizen. Thus, the "constitutional person"
acquires the features of a subject capable of acting in global processes – through the
challenges of ecology, development, peace, solidarity.
Recently, against the backdrop of rapid technological, bioethical, and digital
development, as well as environmental challenges, a discourse about the fourth and even
fifth generation of human rights has been taking shape. In the article "Fourth Generation
Human Rights in View of the Fourth Industrial Revolution" emphasizes that the current
three-generation scheme is insufficient to respond to the challenges of biotechnology,
information technology, artificial intelligence. (López Baroni, 2020). Scientific research
emphasizes that the concepts of "digital rights", "epistemic rights" in the digital world,
"biomaterial" or "somatic rights", the rights of future generations and the rights of nature
are gaining popularity (Sepúlveda et al., 2004). In the context of implementation, such
rights pose new challenges: protection of personal data, digital identity, autonomy of
biotechnological interventions, the right to a healthy and sustainable environment, the
right to technological identity. For the model of "constitutional man" this means that the
individual becomes a subject not only of political and social relations, but also of the
digital, biotechnological and ecological space; the legal status of "constitutional man"
must take into account the technological, ecological, transhuman challenges of the 21st
century.
There is not just a chronological, but a functional-systemic connection between all
generations of human rights. The rights of the first generation create the legal basis of
individual subjectivity; the rights of the second generation provide the possibility of
realizing this subjectivity in the social space; the rights of the third generation expand
the field to groups, peoples and the international community; the rights of the fourth and
fifth generations open up new horizons for the subject in the digital, bioethical, ecological
dimensions. Scientific doctrine emphasizes that rights cannot be considered in isolation;
that is, they are universal, inalienable, interdependent and mutually reinforcing (Risse,
2021). It is through such a consistent integration of different generations of rights that
a holistic image of a "constitutional person" is formed, that is, a legal subject who is
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Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
174
guaranteed freedoms and participation, social security, the ability to act in global
solidarity and adapt to the latest technological and environmental conditions.
Thus, the idea of a "constitutional person" in national and international doctrine implies
that the status of a person is not limited to the framework of citizenship or one category
of rights. On the contrary, it includes a set of legal guarantees and opportunities, starting
with civil and political freedom, continuing with socio-economic security, expanding with
a solidary and global role, and ending with the ability to function in a digital, bioethical
and ecological environment. Such a holistic approach contributes to the formation of a
person as a subject of a constitutional order, capable of exercising his or her own law-
making, participating in the life of the state and society, while meeting the challenges of
globalization, technologization and sustainable development.
The formation of international law in the second half of the 20th and early 21st centuries
demonstrates the gradual transformation of human rights from abstract universals of
natural law origin into a codified, institutionalized system of norms with multi-level
implementation. The first "generation" (civil and political rights) was formalized in the
fundamental documents of the post-war period, mainly in the Universal Declaration of
Human Rights, which served as a semantic and normative source for the construction of
subsequent treaty mechanisms. The Universal Declaration created the axiological and
formal-legal foundation on which binding international legal instruments were
subsequently built (United Nations, 1948).
The second step of codification – the introduction of two fundamental International
Covenants of 1966 (International Covenant on Civil and Political Rights and International
Covenant on Economic, Social and Cultural Rights) – marked the demarcation of
"generations" in the format of the contractual responsibility of states. These covenants
not only consolidated the list of rights, but also established institutional mechanisms for
implementation and reporting, which radically changed the legal status of human rights:
from an intangible moral requirement to an obligation subject to international control. In
this sense, the 1966 covenants should be seen as the core of the classical (first and
second) generational paradigm of rights, combining individual freedoms with socio-
economic guarantees (UNTC, 1976).
The Council of Europe and the European Convention on Human Rights were the first
regional mechanism to transform declaratory provisions into practical judicial due
diligence through the work of the European Court of Human Rights (ECHR), which
provided a precedent-setting development of the interpretation of rights (interpretation)
– from the formal grammar of the text to the substantive standards of protection
(margin). of appreciation, proportionality, etc.) – which had a dual result: strengthening
individual-oriented protection and at the same time creating a catalyst for the
transformation of ideas about the constitutional role of the individual in public law. In
parallel, the Council of Europe developed the social dimension through the European
Social Charter, which reflected the desire to integrate the "second generation" of rights
into the sphere of regional law (Council of Europe, 1950; European Court of Human
Rights, 1953).
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Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
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175
The European Union (EU), in its normative evolution, incorporated human rights
principles into its own legal system through the Charter of Fundamental Rights (2000;
confirmed by the Treaty of Lisbon in 2009), which led to a synthesis of constitutional and
supranational levels of rights protection. The Charter not only codified rights, but also
integrated the principles of social solidarity, non-discrimination and dignity into the
supranational legal space, thereby reinforcing the idea of the “constitutional person" as
a subject whose dignity and rights are both the normative basis and the criterion of
legitimacy of state power (European Union, 2009).
Regionalism in Africa and Latin America has demonstrated its own trajectories of
generational development. The African Charter on Human and Peoples’ Rights introduces
a synthetic approach, combining individual rights with collective (people’s) rights and
responsibilities, which opens up space for a different spectacle of "generations" – where
legal constructions respond to specific historical-cultural and postcolonial challenges.
Latin American instruments (the American Convention on Human Rights and the Special
Protocols) have simultaneously served as a model of active jurisprudence and socio-legal
innovation (particularly in the area of economic and social rights), emphasizing that
regional systems can formulate autonomous notions of generational shifts (African Union,
1981).
Thus, international legal acts act not only as repositories of rights, but also as dynamic
instruments that "materialize" the next generations of rights through: (1) the
formalization of new categories (environmental, digital, bioethical rights); (2) the
creation of mechanisms of responsibility and accountability; (3) regional modifications
that interpret universal norms in the light of local values and challenges. This process of
institutional and doctrinal articulation of human rights – both at the universal and regional
levels – is key to understanding the emergence of the "constitutional person" as a legally
protected, axiologically defined and socially responsible subject of modern
constitutionalism. The key provisions and meanings for the formation of the concept of
"Constitutional Person" are listed in Table 2.
Table 2. The formation of international law as a representation of human rights generations
International
regulations
Year of
adoption
/ entry
into
force
Represented
generation of
human rights
Key provisions and
meanings for the formation
of the concept of
"Constitutional Man"
Universal Declaration of
Human Rights (UDHR)
1948
Generation I
(civil and
political rights)
For the first time, universal
standards of dignity, freedom,
and equality were codified; the
axiological basis for the legal
subjectivity of the individual on
a global scale was laid.
International Covenant on
Civil and Political Rights
(ICCPR)
1966 -
1976
Generation I
Defines the obligations of states
to guarantee freedom, life,
inviolability, and participation in
public affairs; establishes the
legal binding nature of rights.
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176
International Covenant on
Economic, Social and
Cultural Rights (ICESCR)
1966 -
1976
Generation II
Institutionalizes social
guarantees, the right to work,
education, and healthcare;
forms the paradigm of a socially
responsible state.
European Convention on
Human Rights (ECHR)
1950 -
1953
Generation I
It created a judicial mechanism
for individual protection; it
established the doctrine of the
"living instrument" and the
principle of proportionality as a
manifestation of constitutional
humanism.
European Social Charter
(European Social Charter,
Revised 1996)
1961-
1996
Generation II
Deepens the socio-economic
aspect of rights, recognizing
them as an integral part of
human dignity; contributes to
the formation of a social state
as a constitutional ideal.
Charter of Fundamental
Rights of the European
Union (Charter of
Fundamental Rights of the
EU)
2000 -
2009
(Lisbon
Treaty)
Generation I–
III
(comprehensive
integration)
It unites civil, social,
environmental and digital
rights; it establishes the
principle of dignity as the basis
of the EU constitutional order; it
strengthens the supranational
dimension of the "constitutional
person".
African Charter on Human
and Peoples' Rights
(African Charter on Human
and People 's Rights,
Banjul Charter)
1981 -
1986
2nd–3rd
generation
For the first time, it integrates
individual and collective
(people's) rights and
responsibilities; it reflects the
African concept of
communitarianism and human
responsibility to the community.
American Declaration of
the Rights and Duties of
Man (American Declaration
of the Rights and Duties of
Man)
1948
Generation I
The first regional act of the UN
that combined rights and
duties; a precursor to the Latin
American approach to the
"moral autonomy" of the
individual.
American Convention on
Human Rights (Pact of San
Jose, Costa Rica)
1969 -
1978
I–II generation
Defines the legal framework for
the integration of civil and
social rights; establishes judicial
jurisdiction on a regional scale.
Additional Protocol to the
American Convention on
Economic, Social and
Cultural Rights (San
Salvador Protocol)
1988 -
1999
Generation II
Develops socio-economic rights
as an imperative for sustainable
development; emphasizes the
ethical responsibility of states
for social equality.
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177
UN Millennium Declaration
/ Sustainable Development
Goals (SDGs)
2000 -
2015
Generation IV–
V (right to
development,
environmental,
digital, gender
rights)
Forms the normative basis of
global solidarity, digital and
environmental justice; expands
the boundaries of legal
subjectivity in a posthumanistic
dimension.
Source: compiled by the author based on (African Union, 1981; Council of Europe, 1950;
European Court of Human Rights, 1953; European Union, 2009; United Nations, 1948; UNTC,
1976)
The above-mentioned norms, which have been transformed in the internal constitutional
systems of European states, are a direct factor in the formation of the doctrine of
anthropocentrism as the highest manifestation of the concept of "constitutional man".
Thus, if universal documents have created a normative space in which human rights are
a universal legal language, then at the national level it is the constitutions that have
determined the way in which these rights are institutionalized, hierarchized and acquire
legal ontological status – from declaration to legal reality. A comparison of the three
leading legal systems – Germany, France and Italy – allows us to identify a common
European trend: from a formal declaration of rights to the constitutional affirmation of
human dignity as the highest principle of law.
I. In the German constitutional model, anthropocentrism appears not only as a normative
fundamentality, but also as a metaphysical category of state existence. The Basic Law of
the Federal Republic of Germany of 1949 (Grundgesetz for die Federal Republic
Deutschland) already in the first article establishes: "Die Dignity des People ist
unantastbar" – "Human dignity is inviolable" (Art. 1 GG) (Tomuschat et al., 2025). This
provision has acquired a precedent interpretation by the Federal Constitutional Court,
which in Lüth Case defined dignity as "a central constitutional principle that permeates
the entire legal system" (Jaggi, 2016). Thus, human rights are seen not only as an object
of legal protection, but as a source of legitimacy for public authority – a hallmark of the
classical paradigm of the "constitutional man".
II. The French model, in turn, demonstrates the transition from historical individualism
to modern social humanism. The Constitution of the French Republic of 1958 integrates
the Déclaration des Rights from The Man and du Citoyen of 1789 and Préambule from
the Constitution de 1946, establishing the doctrine of the "social republic", where the
individual is considered not only as a bearer of rights, but also as a participant in the
collective well-being (Conseil Constitutionnel, 1958). The Constitutional Council, in a
series of decisions, in particular in case No. 71-44 DC (1971), gave direct legal effect to
the principles of the 1946 preamble, recognizing them as "norms with constitutional
value". Thus, French constitutional law combines the natural law heritage with the
concept of a social state in which dignity, freedom and equality mutually reinforce each
other.
III. In Italy, the anthropocentrism of the constitutional model has a distinctly ethical and
social character. The Constitution of the Italian Republic of 1948 defines the person as
the "central element of democratic coexistence" and proclaims work as not only the
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economic but also the moral foundation of the state (Art. 1, Art. 3, Art. 4, Art. 32) (Corte
Costituzionale, 1948). The Italian Constitutional Court has repeatedly developed the
provision on "dignity as the basis of all fundamental rights" in its practice, for example
in decisions No. 141/2019 and No. 242/2019, emphasizing the need to interpret rights
in the context of "human autonomy, social solidarity and moral responsibility".
The above constitutional systems reflect three forms of implementation of the European
doctrine of anthropocentrism: axiological (dignity as a meta-legal principle in Germany),
socio-institutional (equality and collective solidarity in France) and ethical-humanistic
(integration of freedom, work and responsibility in Italy). What they have in common is
the tendency towards constitutional "humanization" of the state, in which legal systems
recognize a person not only as a subject of legal relations, but as the source, content
and purpose of the legal order. At the same time, at the level of the European Union, this
tendency is confirmed through the Charter of Fundamental Rights of the EU, legally
binding after the Treaty of Lisbon, which in Articles 1–6 reproduces the content of
constitutional anthropology – dignity, freedom, equality, solidarity, citizenship and justice
– as systemic components of European legal identity (European Union, 2009). Thus, the
formation of the concept of "constitutional man" in the European doctrine is the result of
multi-level interaction: universal standards (UN), regional mechanisms (Council of
Europe, EU) and national constitutions, which transform human rights from a norm of
international law into the living tissue of constitutional statehood. Thus, modern
European anthropocentrism has gone beyond the formal and legal recognition of rights
and transformed into a meta-theoretical concept, where "constitutional man" is
considered as an ontological basis, an axiological reference point and a teleological goal
of law. It is this trinity – dignity, freedom, responsibility – that determines the vector of
evolution of the constitutional law of the European Union in the 21st century.
The process of transformation of the concept of "constitutional person" in international
legal doctrine has progressed from the formal recognition of legal personality to the
construction of moral and value autonomy, and is also based on the study of the ways in
which new, "fifth" generations of rights (digital, bioethical, environmental, related to
artificial intelligence) test the universal principles of constitutional humanism. In
particular, modern interpretations of the phenomenon of "constitutional person"
demonstrate the transition from a narrowly legal construct – a person as a bearer of legal
rights and obligations – to a multidimensional category in which legal personality is
combined with axiological and ethical autonomy. Three conceptual shifts play a key role
in this transformation:
- The constitutional person ceases to be only the "addressee" of positive norms and is
increasingly seen as a source of legitimacy of the state: his dignity and self-identification
become the criterion for assessing the constitutionality of power. This position is reflected
in the classical guidelines on human dignity and personified subjectivity contained in
national constitutions and supported by court practice (Klein – the standard of dignity in
German law);
- Constitutional man is increasingly viewed through the prism of normative autonomy –
the ability of a person to form and realize his own value identity within the framework of
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the legal order, which imposes on states not only negative, but also positive obligations
to create conditions for the implementation of this autonomy;
- International and regional acts and guidelines concerning new technologies and
bioethics embed the content of moral and value autonomy in the legal matrix: they
declare not just protection from interference, but an active guarantee of the conditions
for autonomous self-affirmation (the right to informed consent in biomedicine; principles
of transparency and accountability in the use of algorithms).
These practical and normative transformations are recorded in intergovernmental
recommendations and documents, in particular, in the UNESCO (2021), which directly
emphasizes the need to protect human dignity and rights in the context of algorithmic
decisions, and in the Universal Declaration on Bioethics and Human Rights (UNESCO,
2005), which constructs bioethical principles as an element of legal assurance of human
autonomy (Council of Europe, 2001; Council of Europe, 2023).
From an international legal perspective, this means that "constitutional person" acquires
a dual status: it is simultaneously (a) a recognized legal entity with an established set of
rights and protection mechanisms and (b) a bearer of moral and value autonomy, which
requires states and supranational actors to form active guarantees – educational,
informational, environmental and regulatory – to strengthen this autonomy. Such a
complication is increasingly reflected in interstate resolutions and regional conventions
that combine contractual and non-contractual instruments of law enforcement. At the
same time, the implementation of the fifth generation of rights creates systemic
challenges for classical constitutional humanism, since digital, bioethical, environmental
and artificial intelligence aspects of rights simultaneously expand the subject area of
rights and violate traditional assumptions about the boundaries of state responsibility.
The first set of challenges is related to privacy and autonomy in the digital space: mass
data collection and processing, profiling and automated decision-making undermine the
possibility of effective individual autonomy and create new forms of discrimination; in
response, the Office of the UN High Commissioner for Human Rights has developed
numerous reports and guidance on the "right to privacy in the digital age", focusing on
the principles of proportionality, accountability and non-interference (United Nations,
2014). At the same time, the radical criminalization of certain digital practices (e.g.
excessive state control) is opposed by international instruments such as the Council of
Europe Convention on Cybercrime (Budapest Convention), which regulates the criminal
law side but raises the question of the balance between security and rights (Council of
Europe, 2001).
A second set of challenges arises in the bioethical sphere: the development of genetic
technologies, genome editing, neurotechnology and related issues of informed consent,
privacy of mental data and protection of the integrity of the person require international
bodies to reformulate legal guarantees. UNESCO (2005) data emphasize that classical
mechanisms of individual protection must be complemented by ethical imperatives that
guarantee autonomy without compromising dignity.
The third and perhaps most complex set of challenges is related to artificial intelligence:
algorithmic systems can transform public decision-making, increase the opacity of
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180
government, generate algorithmic discrimination and undermine legal accountability.
Frameworks for responding to these risks are being developed at the regional and global
levels: the EU adopts regulatory texts (in particular, the AI Act), and the Council of
Europe develops standards and a model "framework convention" at the intersection of
human rights, democracy and the rule of law; UNESCO proposes an ethical matrix for
national policies (UNESCO, 2005; 2021). These initiatives aim to ensure the compatibility
of innovations with fundamental constitutional values and to convert technical
requirements (security, transparency, accountability) into legally binding standards.
Furthermore, environmental rights – recognized at the intergovernmental level (UNGA
Resolution 2022 on the right to a clean, healthy and sustainable environment) –
transform "constitutional person" into a subject whose rights entail collective and
intergenerational obligations, thereby changing the horizon of responsibility of the
constitutional state (United Nations General Assembly, 2022). The recognition of the right
to a healthy environment creates a normative platform for environmental guarantees to
become part of constitutional anthropology, with corresponding imperatives for
sustainable development policies and interstate cooperation.
Thus, international doctrine is in the process of a double transformation: on the one
hand, "constitutional person" is enriched through the incorporation of moral and value
autonomy into legal identity; on the other hand, technological, bioethical and
environmental challenges require lawmakers and judicial practice to rethink traditional
protection mechanisms and create comprehensive, cross-sectoral regulatory solutions.
The sustainability of the concept of "constitutional person" in the 21st century will depend
on the ability of international law to combine treaty mechanisms, regional standards and
ethical guidelines into a coherent system capable of protecting and developing the
autonomy of the individual in a rapidly changing technological and environmental
context.
However, it should be noted that the set of challenges of the fifth generation of human
rights (Table 3) forms a qualitatively new stage in the development of international
constitutionalism, which requires the integration of digital, environmental and bioethical
values in the system of legal personality of the person. As stated in the UNESCO
Recommendation on the Ethics of Artificial Intelligence (from 2021), human dignity
should remain a central criterion for technological progress, while UN General Assembly
Resolution A / RES /76/300 (from 2022) emphasizes that environmental sustainability is
an inalienable human right. Thus, the doctrine of "constitutional humanism" is
transformed into "universal constitutional personhood", which combines legal, ethical and
existential autonomy of a person.
If talk about the Ukrainian national dimension of the formation of the concept of
"constitutional person", then it is necessary to record both the legal reception of
international generations of human rights and the process of transformation of the
constitutional anthropology of Ukraine – from the text of the Constitution to the practice
of state institutions and judicial jurisprudence, capable of producing a legally effective
phenomenon of "constitutional person". In Ukraine, this process has a multi-level nature:
(1) constitutionally enshrined value-anthropological guidelines, (2) regulatory and legal
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infrastructure that regulates social, digital, bioethical and environmental aspects of
rights, (3) institutional protection mechanisms (Constitutional Court, Verkhovna Rada
Commissioner for Human Rights, administrative and criminal jurisprudence), (4)
strategic policy in the direction of adapting national law to regional (EU, Council of
Europe) and global standards. These components form an architecture within which the
"constitutional person" must be constitutionalized as simultaneously a bearer of
guarantees of dignity, will, and social support, and as a subject of active autonomy and
responsibility.
The 1996 Constitution of Ukraine lays the axiological basis of modern Ukrainian
constitutionalism: the proclamation of a person, his life and health as the highest social
value, the set of civil, political and socio-economic rights (Chapter II), as well as special
environmental guarantees (Article 50) – all this forms a normative framework for the
development of a "constitutional person" as a legal and moral ideal. Constitutional norms
have direct application and create the basis for the imperative reception of international
standards (in particular, the European Convention on Human Rights). That is, the
Ukrainian constitutional text combines a natural-law orientation (dignity, universal
freedoms) and a social state imperative (ensuring social and environmental rights) (VRU,
1996).
Table 3. Global challenges to the implementation of fifth generation rights and doctrinal and
normative ways to overcome them
Call type
Characteristic
International legal
acts/doctrines
Possible solutions (within
the concept of
constitutional humanism)
Digital calls
Violation of digital
privacy,
algorithmic
discrimination,
data manipulation,
violation of cyber
sovereignty.
- Council of Europe Convention No.
108+ for the Protection of
Individuals with regard to
Automatic Processing of Personal
Data (from 2018);
- EU General Data Protection
Regulation;
- UN General Assembly Resolution
A/RES/75/176 (from 2020) "The
Right to Privacy in the Digital Age".
- Formation of "digital legal
constitutions" (Digital
Constitutionalism);
- Implementation of
international AI governance
standards ;
- Strengthening control over
algorithmic transparency and
corporate accountability.
Bioethical
challenges
Genomic
interventions,
cloning,
bioengineering,
violation of the
principle of human
dignity in the
context of
biomedicine.
- Council of Europe Convention on
Human Rights and Biomedicine;
- UNESCO Declaration on the
Human Genome and Human Rights
(from 1997);
- WHO Declaration on Genetic
Ethics (from 2019).
- Recognition of bioethical
principles as a component of
constitutional law;
- Ensuring international
control over biotechnology;
- Introduction of the category
of " bioethical responsibility
of states".
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182
Environmental
challenges
Deepening climate
crisis, degradation
of ecosystems,
threats to the right
to life and health.
- Paris Climate Agreement (from
2015);
- UN Resolution A/RES/76/300
(from 2022) on the recognition of
the right to a healthy environment;
- The European Green Deal (EU
Green Dea).
- Constitutional enshrining of
the right to environmental
safety;
- Introduction of an
environmental ombudsman;
- Formation of the doctrine of
"eco-humanism" as a
component of constitutional
identity.
AI-related
challenges
Autonomous
decisions without
human
participation,
violation of the
principles of
justice,
discrimination and
threat to legal
personality.
- UNESCO Recommendation on the
Ethics of Artificial Intelligence
(from 2021);
- Draft EU Regulation on Artificial
Intelligence (AI Act);
- Council of Europe Resolution CM/
Res (2020)1 on the impact of
algorithms on human rights.
- Recognition of human
digital autonomy as a new
constitutional value;
- Introduction of a global AI
accountability mechanism ;
- Institutionalization of the
principle of "human
oversight" in legal systems.
Source: compiled by the author based on Conseil Constitutionnel (1958); Council of Europe
(2001; 2023); European Union (2009); UNESCO (2005; 2021); United Nations (2014).
At the doctrinal level, Ukrainian law has evolved towards synthesis: classical natural law
values (dignity, freedom) have been incorporated into a positive normative system
(constitution, laws) and supplemented by protection mechanisms (national institutions,
international treaties). The practical implementation of this synthesis is carried out
through the instruments of parliamentary and executive legislation (in particular,
legislation on the protection of personal data, environmental laws, regulations in the field
of health care) and through the repertoire of constitutional and interstate jurisprudence.
This synthesis creates a legal basis for the “constitutional person” to act simultaneously
as an object of legal protection and as a bearer of positive public rights (access to
information, environmental protection, the right to social guarantees). In this context, a
special role belongs to the Commissioner for Human Rights of the Verkhovna Rada of
Ukraine as a national mechanism for preventing violations and monitoring human rights
standards (Ombudsman of Ukraine, 2023; VRU, 1997).
Constitutional and national judicial practice in Ukraine demonstrates a gradual increase
in the reception of international human rights standards: the ratification and internal
recognition of the ECHR (1997) created the basis for judicial cooperation and
participatory integration of European precedents into the national doctrine of the
protection of dignity and freedom. The Constitutional Court of Ukraine in its practice
formulates the interpretation of human dignity as a constitutional value, which becomes
a criterion for assessing the balance of rights and obligations of the state (see the
thematic developments of the Constitutional Court of Ukraine on the right to dignity). At
the same time, the challenges of the fifth generation constitute unprecedented demands
on jurisprudence: courts and law enforcement agencies are forced to interpret old norms
in the light of new technological and environmental realities, which requires a
comprehensive approach (synthesis of law, ethics, technological regulation)
(Constitutional Court of Ukraine, 2021; European Court of Human Rights, 2010).
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The prospects for strengthening the role of the "constitutional person" in the national law
of Ukraine are closely related to the European integration course and the transformation
program, recorded in the Association Agreement with the EU and in the process of
preparing the Action Plan for Approximation to the Acquis (NPAA). Specific steps: (1)
updating the regulatory framework in the field of personal data protection and digital
rights (adopting a GDPR-compatible law and creating an independent regulator – the
National Commission for the Protection of Personal Data and Access to Information); (2)
ratification and implementation of international bioethical instruments (in particular, the
final ratification of the Oviedo Convention and bringing medical legislation into line with
its standards); (3) integration of environmental law into the constitutional-paradigmatic
space (strengthening the implementation of Article 50 of the Constitution, incorporating
international obligations of the Paris Agreement into national energy and environmental
legislation); (4) development of a national strategy on AI with the implementation of the
principles of " human oversight and accountability, with the creation of sectoral support
(expert councils under the Cabinet of Ministers/Ministry of Digital Transformation) and
mechanisms for controlling algorithmic discrimination. All these steps should be
implemented within the framework of the NPAA and at the national level, taking into
account the recommendations of the European Commission (Cabinet of Ministers of
Ukraine, 2014; European Commission, 2024).
Given the above-described national aspects of the implementation of the concept of
"constitutional person" in Ukraine, the formation of a "constitutional person" requires a
targeted strategy that combines: (1) a constitutional interpretation of human dignity and
social rights; (2) the imperative of European harmonization of legislation (especially in
the field of data, bioethics, ecology, and AI); (3) the creation and strengthening of
independent national institutions for the protection of rights; (4) the adaptation of judicial
practice and state policy to the standards of algorithmic accountability and environmental
justice. Such a comprehensive policy will transform the "constitutional person" from an
academic construct into a real, institutionally protected subject in the modern Ukrainian
legal system.
Table 4. Systemic and institutional matrix of national aspects of the implementation of the
concept of "Constitutional Man" in Ukraine in the context of human rights generations
Generation
of rights
Key challenges
for Ukraine
Roadmap (stages
of transformation)
Scientific and
practical guidelines
Regulatory
and legal
framework
I generation –
civil and
political rights
The gap between
constitutional
guarantees and
the real
effectiveness of
their
implementation;
formalism in the
interpretation of
Article 3 of the
Constitution
1) Strengthening
parliamentary
control over the
observance of rights.
2) Institutional
strengthening of the
Ombudsman.
3) Improving legal
education.
- Improving
constitutional complaint
mechanisms.
- Formation of the
practice of a "living
constitution".
- Increasing the
autonomy of the
individual as a subject
of the constitutional
order.
Constitution of
Ukraine,
Decision of the
Constitutional
Court of Ukraine
No. 1-r/2020,
Law“On the
Commissioner
for Human
Rights of the
Verkhovna Rada
of Ukraine".
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Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
184
regarding
anthropocentrism.
Generation II
– socio-
economic
rights
Low level of
implementation of
social rights under
martial law and
financial
decentralization.
1) Adaptation of the
principles of social
justice to the market
economy.
2) Review of social
protection policy.
- Introduction of
people-centered
budgeting.
- Digitalization of social
services ("Action").
- Institutionalization of
the principle of dignity
in economic policy.
Human
Development
Strategy of
Ukraine until
2030, Budget
Code
(amendments of
2021).
Generation III
– collective
(solidarity)
rights
Lack of a legal
culture of
participation; weak
implementation of
environmental and
cultural rights of
communities.
1) Development of
participatory
institutions (e-
democracy).
2) Raising the level
of legal awareness.
- Strengthening
mechanisms for public
participation in
environmental policy.
- Recognition of cultural
heritage as part of
national identity.
- Implementation of the
principle of "ecological
man".
Aarhus
Convention
(1998), Law "On
Public
Consultations",
National
Environmental
Policy 2030.
Generation IV
–
informational,
genetic, digital
rights
The threat of
excessive state
interference in
privacy; lack of
legal regulation of
artificial
intelligence.
1) Development of a
code of ethics for
digital platforms.
2) Harmonization of
legislation with the
EU in the field of AI
and data.
- Enshrining the right to
digital autonomy.
- Improving the
regulation of bioethical
issues.
- Implementation of "
digital"
constitutionalism » into
legal politics.
Law "On
Personal Data",
Digital
Transformation
Strategy
(2021), EU
Regulation on
Artificial
Intelligence (AI
Act 2024).
Generation V
– rights of
future
generations,
bioethics,
ecohumanism
Insufficient
constitutional
mechanism to
protect the rights
of future
generations;
environmental
vulnerability due to
war.
1) Integration of
sustainable
development
principles into
constitutional law.
2) Development of a
doctrine of
intergenerational
justice.
- Inclusion of the
concept of "ecological
man" in the
constitutional doctrine.
- Establishing a
constitutional obligation
for sustainable
environmental
restoration.
- Development of a
national system of
bioethical control.
Green Deal of
Ukraine (2023),
Presidential
Decree No.
722/2023,
Decision of the
Constitutional
Court of Ukraine
in the
environmental
case (2021).
Source: compiled by the author based on Cabinet of Ministers of Ukraine (2014); Constitutional
Court of Ukraine (2021); European Court of Human Rights (2010); European Commission
(2024); Ombudsman of Ukraine (2023); VRU (1996, 1997).
Discussion
The obtained results of the study confirm and at the same time expand the modern
scientific discourse on the evolution of human rights generations and their role in the
formation of the concept of "constitutional man". As the comparative analysis shows, in
most scientific approaches (Bosniak, 2010; Schabas, 2021a, 2021b; López Baroni, 2020;
Khwan, 2025) an attempt can be traced to explain the "constitutional person" as a
product of the gradual constitutionalization of legal ideas – from natural law universalism
to the post-institutional humanism of the digital age. Our results are consistent with this
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Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
185
logic, but show its deeper structural conditioning – not only historical and evolutionary,
but also systemic and functional, within which each generation of rights does not simply
inherit the previous one, but creates a new level of autonomy and responsibility of the
subject of the constitutional order.
Comparing the results of the study with the theoretical approaches of Khwan (2025) and
Deiak (2024), it should be noted that the authors confirm the thesis of the two-layer
subjectivity of the "constitutional person" – normative (based on the text of the
constitution) and effective (manifested in the ability to act in the public space). However,
unlike Khwan, who interprets the constitutional person mainly through the prism of local
self-government, our study showed that his legal subjectivity is formed through the
holistic integration of generations of rights – from individual freedom to digital-ecological
responsibility; which allows us to consider the "constitutional person" not as a static
phenomenon of democratic participation, but as a dynamic form of ethical and legal
evolution of humanity. In turn, the conclusions of Deiak (2024) emphasize the process
of "constitutionalization" as a mechanism for integrating legal principles into national
systems. In this context, the results of our study develop the author's position,
demonstrating that constitutionalization is not just a procedure of legal hierarchization,
but a process of anthropological transformation – the formation of a person as a bearer
of dignity, capable of being a source of law. That is, a constitutional person in our
understanding is not an object of the constitutional order, but its substantial center,
which ensures the internal legitimacy of the system.
Compared to the classical vision of Bosniak (2010), which separates the concepts of
"citizenship" and "personhood", the results of our analysis confirm that modern
constitutional subjectivity is increasingly oriented towards a universal concept of the
person, regardless of nationality. However, the authors find that such universalization
does not abolish the need for state responsibility – on the contrary, it creates a new
format of positive obligations of the state to provide space for the realization of
autonomy, education, digital security, environmental well-being; which echoes the
approaches of Schabas (2021b) and Turyanytsia (2022), who interpret new generations
of rights as a tool for expanding human subjectivity to the level of a global community.
Our results also confirm the concept of Mailey (2022) about the ambivalence of the
protective role of law, when legal instruments sometimes reproduce systemic forms of
state coercion. However, unlike Miley's critical approach, our study shows that a way out
of this dilemma is possible through an institutional rethinking of the constitution as a
"vital mechanism" – a system not only limiting, but also nourishing the autonomy of the
subject. Thus, the authors propose a positive model of the constitutional person as a
factor of balance between state coercion and freedom.
The study's analysis of human rights generations confirms López's Baroni (2020) and
Sepúlveda et al. (2004) findings on the need to expand the three-generation paradigm.
The authors have shown that the fourth and fifth generations of rights are not "additional"
categories, but constitute a qualitatively new dimension of human subjectivity, which
requires a rethinking of the very concept of constitutional dignity; which confirms the
view of Golia and Teubner (2021) about the historical and methodological evolution of
constitutionalism as a living tradition that responds to the challenges of civilizational
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 165-190
Generation of human rights and their role in the formation of the concept of "Constitutional
Man": in the dimension of national and international doctrines
Ruslan Hvan, Mikhailo Baimuratov, Boris Kofman, Natalia Yefremova, Denys Bobrovnyk
186
development. Our results complement this approach, specifying that the response of
modern law lies in the development of new norms of responsibility for artificial
intelligence, biotechnology, ecological sustainability and the preservation of human
autonomy in the digital environment.
Considering the international and regional reception of the concept, our results are
consistent with the conclusions of Slaughter (2014) and Ciepley (2024), who emphasize
the changing relationship between the concepts of "person" and "people". The authors
found that the constitutional person is an intermediate link between these two categories
– he personifies the will of the people, but does not dissolve in it; his rights become the
basis of the legitimacy of power, and not a derivative element of statehood. This approach
is also in line with current trends in the case law of the European Court of Human Rights,
where human dignity is increasingly recognized as a constitutional principle of the
supranational level (Council of Europe, 1950; European Union, 2012).
Thus, the results of the study allow us to assert that, unlike the traditional generational
model, in which human rights are considered as a sequence of historical stages, the
concept of "constitutional man" reveals them as a single dynamic system of moral and
legal evolution. It combines the universalism of dignity, social justice, collective solidarity
and technological accountability into a holistic constitutional order. In this aspect, our
study not only confirms the main theoretical provisions of modern science, but also
suggests their systemic integration – as a model in which human rights act not as an
external reference point, but as an internal mechanism for the self-development of a
constitutional man and a legal state of the 21st century.
Conclusions
The evolution of human rights reflects a multidimensional process of forming the concept
of "constitutional man", in which the integration of generations of rights into national and
international doctrines plays a key role. The results of the study confirm the conceptual
thesis put forward in the scientific discourse that "constitutional man" is a complex
category that combines normative subjectivity with effective participation in socio-
political and global space. National and regional practices – from European constitutions
to the EU Charter of Fundamental Rights and regional treaties – demonstrate that
universal human rights standards are implemented through a multi-level institutional and
legal system that provides simultaneously protection, participation and positive support
for autonomy.
Thus, the concept of a "constitutional person" in the 21st century takes on the character
of an integrated model in which the rights of generations become interdependent and
reinforce each other, forming a holistic image of a legal entity. This approach opens up
new horizons for legal science and practice: it implies the need for interdisciplinary
methods that combine constitutional law, international regulation, ethics, technological
security and environmental sustainability, and also stimulates the development of legal
mechanisms capable of responding to the challenges of the digital, bioethical and global
environment. Thus, the results of the study confirm that the evolutionary generational
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187
perspective of human rights is a key tool for the constitutionalization of the dignity and
autonomy of the individual, which allows transforming the legal status of a person into
an active, multidimensional subject of law, capable of forming the legitimacy of the state
and participating in global social processes.
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