The human rights of the new generation

The interest for the international law can be identified yet at the peace of Westfalia after the war of thirty years. 

The States began to think of a common law, that it had the task to guarantee the pacific rapport between the States, maintaining their independence and autonomy. During the years it has been assisted in a progressive interest for this law, which has seen a gradual growth, through treaties and accords. 

The human rights find their space in the international contest after the universal declaration of human rights in 1948, which it did result in legislative interventions for wardship the human rights (we can think about the declaration of human and citizen rights). 

Many times we speak of fundamental human rights, but it is important to point out that the “fundamental” concept results from that many States have to lay down at their legal system the principles for the protection of the man.

Probably the human rights are featured from continuing mobility and transformations, it results from the progress of society and from technology. So is difficult reduce at just one complete list of the human rights that actually are recognized in all the word. 

Certainly, we can identify some fundamental rights from which come to other rights, however, is difficult to identify completely the “human rights of the new generation”. 

This because it is about new rights and not yet recognized from all, and further it is not clear how far these rights can go in this historical period.

A first example is a right to privacy after the new biometric technology. The use of fingerprints, the shape of the face or the iris scan, they have now become a reality within everyone’s reach. It is not necessary that you are rich for bay this tools, but this result from a continuous passage of information and confidential data between companies that deal with the storage of these data.

The companies in question are often not located in the country where the information is acquired, with the risk that this data could be used without State control, making personal data vulnerable. 

The payment and the access of informatics data are often closed with a biometric key, and the risk of unwanted access could be higher. 

The European Union has recently dealt with about privacy, they have applied a specific regulation, with the purpose of giving more awareness on user data and make the manager responsible about this information.

The problem of privacy at the light of new technologies is only the beginning, but it is certainly a human right that should seek homogenous and international protection if we want a higher control and a correct management of personal information. 

Another right of the new generation is the evolution of a right already recognized, that is the right to have a family, but in the homo-affective key. 

This right should extend in his largest content, that is the right to the civil union with people of the same sex, for to have an offspring. On this point, there are many questions raised by different countries. 

While for gay marriage many western countries have recognized it, there are many difficulties to recognize the stepchild-adoption practice. 

The adoption of the child it isn’t allowed yet in many European Countries at the same-sex couple.

However there is a relevant jurisprudence which replaced the legislator, recognize the importance about the right of the child to have a family in the respect of his best interest. 

The best interest of the child is the principle of all fundamental rights of children, and just this protection is recognized at the international standard, it has resulted in the indirect raising of same-sex couple rights. 

However, it is necessary to understand that a right can be recognized as a human right if only the most member of the international community to recognize it and also transform it into hard law. 

Only in this way, the right can make a legal force such from to give a concrete protection. 

At the moment we can’t say that the same-sex couple has a right to have an offspring as a heterosexual couple. However, we can say that the children have the right to have a family that loves them and grants their best interest.

The progress made is numerous for delete difference of gender, and probably it is the only question of time before the difference between heterosexual and homosexual couples they can find a juridic equity at least inside single States.

In conclusion, we can say that the human rights of new generation represent the live right that follows the development of the man, protecting it from all type of abuse and setting limits to unstoppable changes that could to be harmful for the civilization. 

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Riccardo Speciale

Dottore in Giurisprudenza, praticante avvocato presso il Foro di Palermo. Laureato Magistrale presso l'Università degli Studi di Palermo. Tesi di laurea in Diritto Civile e Diritto penale: "Il principio del migliore interesse del minore: strumenti e tecniche di tutela di tipo civilistico e penalistico". Corso di Perfezionamento in DNA e cadaveri eccellenti: educazione forense, presso l'Università degli Studi di Palermo. Masterizzando in Risk Management e organizzazione sanitaria (Master Internazionale di II livello presso l'Università degli Studi di Palermo).

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