Hromovchuk M. Realization and protection of somatic human rights in the process of biomedical research: religious and legal aspect

In the dissertation work it is established that the special nature of the methodological basis of studying somatic human rights in the process of biomedical research consists in integration of new scientific provisions on ways and means of studying and analyzing constitutional and legal reality, regularities of its modification and necessary reflection. legal paradigm. It is argued that humanism, as a legal category, is a worldview that considers man as a higher, self-sufficient and self-aware value It is determined that somatic human rights are based on a number of provisions of legal regulation of modern social relations: norms that establish the foundations of constitutional and legal regulation of human rights and freedoms, as well as the mechanism of their guarantee and protection; norms of the field of criminal law; civil law (including family law) rules governing personal non-property rights. Reasonably, at present religion does not allow medicine to be completely free from moral and religious beliefs and obligations. We believe that today the authority of the Church can play a positive role in regulating the mechanism of realization of somatic rights. Religion is based on generally accepted principles, the highest values of mankind, bypassing which, biomedical research can not be ethical, moral and humane in relation to man. At the same time, the modern understanding of the place of religion in the law-making process in the field of biomedicine and the influence, in particular, of Christianity on the formation of medical law, is embodied through the moral and ethical and value components of religious teaching. Regulators of social relations, laid down in religious dogmas, were acceptable to the majority of society, so they need to be unified and further transformed into regulators of biomedical research with human participation. The fact that Christianity, while remaining a conservative doctrine on the one hand, and on the other hand, was able to interpret religious dogmas in such a way that they meet the modern requirements of the mechanism of realization of somatic rights, also draws attention.