Somatic Human Rights – the Result of the Legal Regulation Scope Expansion?

The processes of formation and further consolidation of human rights, including somatic ones, presuppose their initial existence in the form of legal claims. The relationship between somatic legal claims and the expansion of the scope of legal regulation has a complex dialectical character. The emergence of certain legal claims and their further consolidation as subjective rights is not always the result of expanding the scope of legal regulation. All somatic claims can be divided into three groups according to their relationship with the sphere of legal regulation. The first group is somatic legal claims, which appeared as the result of the expansion of the scope of legal regulation, due to scientific and technological progress, giving rise to qualitatively new forms of social relations, including those directly affecting the legal status of the individual in society and the state. The second group is somatic legal claims, which are the result of a change in the vision of the sphere of legal regulation, due to the development of human civilization and the change in moral, ethical and value dominants in society. The third group is legal claims arising from social relations that do not have a legal nature, as the result of the designation of which an artificial expansion of the scope of legal regulation is possible. The moral and ethical component that accompanies the somatic claims of a person complicates the processes of their formal consolidation and causes the lack of a unified approach to the legal regulation of these issues, due to the historical, religious, mental features of the individual societies and states development. Each state in the transition of somatic legal claims to the normative legal form of subjective rights must consider them from the point of view of their compliance with the criterion of moral correctness. Responsibility for making such decisions, together with the state, should be assumed by society, by using of deliberative procedures in the process of law formation.