THE FOURTH GENERATION OF HUMAN RIGHTS IN THE FIELD OF JUDICIAL CONTROVERSY (BASED ON THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS)

Abstract

This work is dedicated to researching the “fourth generation” human rights. The rights regulation is not well developed yet, so the research remains relevant. The purpose of the research is to study deeply the issues involved and to understand the problems of transgender people. In order to achieve this goal an attempt was made to investigate the protection of the rights of people who have changed sex in the area of judicial controversy, in particular in ECHR and national court decisions. It is proved that transgender is a collective term for defining the phenomena of social and biological gender mismatch.

It is stated that the term transgender includes transsexuals, transvestites, genderquirks, androgyns, intersexuals (formerly the term “hermaphrodites”), bigenders and agenders. In the context of the identified issue, an attempt has been made to characterize the concept of gender identity. While examining the ECHR's practice, we can confirm that the most frequent transgender violations of rights and freedoms are Articles 8 and 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is proven that despite the modern evolution of transgender perceptions, same-sex relationships are covered with the right to respect their private life, but are not recognized as family life. It is emphasized that there is every reason to expect a society to be tolerant in certain inconvenient situations and give people the opportunity to live with a sense of dignity and importance according to their gender identity.

A number of trans-women cases have been reviewed such as “Van Kuk versus Germany”, “Grant versus UK”, “Schlumpf versus Switzerland”, “Hamalainen versus Finland”, etc. There is a number of decisions regarding transmen “B against France”, “L against Lithuania” and so on.

It is a fact that at this stage the society is in the process of development, new laws are being signed and changes are being made to the established rights acts.