THE EVOLUTION OF HUMAN RIGHTS THEORY: FROM NATURAL LAW TO CONSTITUTIONAL ENSHRINEMENT IN THE DIGITAL AGE

Authors

  • MARIANA SHCHYRBA https://orcid.org/0000-0002-6579-6893
  • HANNA KURTAKOVA https://orcid.org/0000-0002-9475-6911
  • LIUDMYLA ROMANENKO https://orcid.org/0009-0000-9137-1031
  • TETIANA BARANOVSKA https://orcid.org/0000-0002-6471-5932
  • ANATOLII PETRENKO https://orcid.org/0000-0002-1646-6652

DOI:

https://doi.org/10.26619/1647-7251.DT0226.19

Keywords:

Human rights, digitalization, fourth generation rights, digital rights, cognitive autonomy

Abstract

The contemporary world is undergoing rapid digital transformation, which is reshaping the theoretical foundations of human rights. While human rights were traditionally viewed as universal moral and legal principles aimed at protecting dignity, freedom, and equality, developments in digitalisation, artificial intelligence, biotechnology, and global information networks require their reconsideration within a new socio-technical context. The growing dependence on digital platforms, extensive use of personal data, and the expansion of algorithmic decision-making challenge the ability of traditional legal systems to ensure effective human rights protection. Particular attention is drawn to fourth-generation human rights, which include digital, cognitive, and epistemic rights related to autonomy of thought, protection from manipulative influence, access to reliable information, and participation in knowledge creation. At the same time, bioethical rights are emerging in response to advances in reproductive technologies, medical genetics, and issues concerning a dignified end of life. These developments contribute to a new legal paradigm that combines digital autonomy with the ethical challenges of the digital age. Currently, most of these rights remain insufficiently consolidated at the normative level, and the absence of a unified international legal framework highlights the need for further theoretical reflection and normative harmonisation. The study of fourth-generation rights is therefore essential for developing effective human rights protection mechanisms in a dynamic digital society and for advancing contemporary legal scholarship.

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Author Biographies

MARIANA SHCHYRBA, https://orcid.org/0000-0002-6579-6893

Doctor of Law, Associate Professor of the Department of Theory, History of State and Law and Comparative Law Law Faculty Lesya Ukrainka Volyn National University
Lutsk (Ukraine)

HANNA KURTAKOVA, https://orcid.org/0000-0002-9475-6911

PhD of Law, Associate Professor of the Department of Constitutional Law
National Academy of Internal Affairs
Kyiv (Ukraine)

LIUDMYLA ROMANENKO, https://orcid.org/0009-0000-9137-1031

PhD (Juridical Sci.), Associate Professor of the Department of Constitutional Law
National Academy of Internal Affairs
Kyiv (Ukraine)

TETIANA BARANOVSKA, https://orcid.org/0000-0002-6471-5932

Doctor of Law, Associate Professor of the Department of Law and Law Enforcement
Zhytomyr Polytechnic State University
Zhytomyr (Ukraine)

ANATOLII PETRENKO, https://orcid.org/0000-0002-1646-6652

PhD in International Law, Interregional Academy of Personnel Management
Kyiv (Ukraine)

Published

2026-03-19