human dignity

  • Human Dignity in the European Perspective and the Proportionality Principle

    Author: Monika Forejtová
    Institution: University of West Bohemia
    Year of publication: 2016
    Source: Show
    Pages: 192–208
    DOI Address: https://doi.org/10.15804/athena.2016.52.11
    PDF: apsp/52/apsp5211.pdf

    The fundamental human right to dignity is the cornerstone of European legal culture. The right has been provided for in international, European, and national legal instruments. Its role as a benchmark reference for all other human rights has developed into a self-standing and self-executing right, especially under the new EU Charter of Fundamental Rights. This evolution from the traditional role of the right to dignity is analysed in case study based on a real case before the Constitutional Court of the Czech Republic in 2015. The analysis brings forward a reflection about the need to respect the concept of dignity and how it actually is observed in the European context.

  • Konstytucyjne gwarancje szczególnych świadczeń zdrowotnych w kontekście ochrony kobiet w ciąży

    Author: Daria Bieńkowska
    Institution: Akademia Pomorska w Słupsku
    ORCID: https://orcid.org/0000-0002-5659-4819
    Year of publication: 2020
    Source: Show
    Pages: 413-423
    DOI Address: https://doi.org/10.15804/ppk.2020.04.22
    PDF: ppk/56/ppk5622.pdf

    Constitutional Guarantees of Specific Health Services in the Context of Protecting Women in Pregnacy

    Providing health services to pregnant women is a special situation, which is confirmed in constitutional provisions, and above all in art. 68 paragraph 3 of the Polish Constitution. This article imposes on public authorities the obligation to provide specific health care to certain entities, including women expecting a child. Regardless of the principles of financing health services, pregnant women are in a distinguished group for which the state guarantees special health care. The purpose of the article is to indicate that the normative scope of provision 68 para. 3 is an expression of the specific axiology adopted by the constitution-maker, in which the care of a pregnant woman also means caring for the development of the nation, human dignity and protection of life and health - i.e. fundamental values. Legislative regulations related to norms of protection for pregnant women should constitute a kind of control pattern regarding standards of providing services in healthcare, understanding the essence of this care and the ability to decode legal norms in terms of constitutionally protected values. The basic research method was dogmatic and legal (stylistic and linguistic) analysis, as well as humanistic axiological analysis.

  • Dylematy wolności i ich prawne implikacje

    Author: Artur Łuszczyński
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0002-1589-935X
    Year of publication: 2021
    Source: Show
    Pages: 159-169
    DOI Address: https://doi.org/10.15804/ppk.2021.03.10
    PDF: ppk/61/ppk6110.pdf

    Dilemmas of Freedom and their Legal Implications

    Each legal institution begins from an idea, therefore a thought is primary in relation to the legal norm created by the legislator. This makes the analysis of this idea is significant and cannot be ignored. Freedom is one of the fundamental rights guaranteed by the contemporary constitutionalism. The article is an analysis of the philosophical and legal understanding of the concept of freedom and the ways of its transfer to the law. The author claims that the concept of freedom is a vague concept for a European lawyer, on the foundation of which it is difficult to build a legal system. On the one hand, this concept seems familiar and it is difficult to directly deny it, but its definition, and even more so, the adoption of the consequences associated with this definition is debatable.

  • Lament nad światem. O ludzkiej godności, nierównościach i niepokojach społecznych w kinie najnowszym

    Author: Ewelina Konieczna
    Institution: Uniwersytet Śląski w Katowicach, Polska
    ORCID: https://orcid.org/0000-0002-8042-3956
    Year of publication: 2021
    Source: Show
    Pages: 143-155
    DOI Address: https://doi.org/10.15804/kie.2021.01.08
    PDF: kie/131/kie13108.pdf

    The subject-matter of my consideration covers chosen films about social inequalities and the resulting unrest in various parts of the world at the turn of the second and third decade of the 21st century. Film characters deprived of education, work, medical care and a dignified place to live have no hope of improving their existence. Growing frustration leads to aggression, breaking the law, brutal violence as well as riots and street fights. The purpose of this article is to reflect on the issues raised in film discourses and to try to find answers to questions about the causes and factors that cause social unrest. The category of human dignity was used to analysis the studied issues.

  • Godność człowieka jako wartość chroniona konstytucyjnie

    Author: Klaudia Jastrzębska-Wójcicka
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0001-5203-872X
    Year of publication: 2021
    Source: Show
    Pages: 335-345
    DOI Address: https://doi.org/10.15804/ppk.2021.05.26
    PDF: ppk/63/ppk6326.pdf

    Human dignity as a constitutionally protected value

    The Article discusses the issue of granting human dignity the status of the highest value in the Polish Constitution. What is more, it explains the grounds of the regulation of art. 30 of the Constitution of the Republic of Poland. Additionally, it presents dignity as a foundation of the legal order. Therefore, de facto, every legal norm that functions in our legal system should comply with this regulation. The article calls attention to a danger of potential abuses pointing out some of the practices that can violate the human dignity in the future.

  • The Right of the Deaf to Polish Sign Language

    Author: Dorota Lis-Staranowicz
    Institution: University of Warmia and Mazury in Olsztyn
    ORCID: https://orcid.org/0000-0002-2118-3761
    Year of publication: 2021
    Source: Show
    Pages: 395-405
    DOI Address: https://doi.org/10.15804/ppk.2021.06.31
    PDF: ppk/64/ppk6431.pdf

    The article aims to draw attention to the linguistic rights of the Deaf in Poland and their legal source. Deaf people’s right to Polish sign language stems from their disability. This approach is incorrect. The title entitlement is the natural right of the deaf, derived from his dignity. In turn, the principle of human dignity is the gate leading to its “positivization”. On the other hand, recognizing the constitutional nature of the right to Polish sign language strengthens the legal basis of the deaf ’s claims against the state and justifies the legal protection of this language. The recognition of the right to Polish sign language allows the deaf to the full and equal exercise of the rights and freedoms guaranteed by the Constitution of April 2, 1997.

  • Idea godności jednostki jako uzasadnienie prawa do środowiska

    Author: Marcin Merkwa
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0001-7288-4552
    Year of publication: 2022
    Source: Show
    Pages: 257-268
    DOI Address: https://doi.org/10.15804/ppk.2022.01.19
    PDF: ppk/65/ppk6519.pdf

    The Idea of Human Dignity as a Justification of the Right to the Environment

    The problem of environmental protection is perhaps the most important challenge facing man today. On the legal level, this issue is expressed, inter alia, in the discussion on recognition of the right to the environment. This problem is widely discussed and poses a challenge both in the field of international and constitutional law. The work presents the key regulations of both international environmental law and the constitutions of various countries. This allowed for the recognition of the role and significance of the concept of the dignity of the individual, which, underpinning the international system of human rights protection, also plays an important role in environmental regulations. The thesis was formulated that, despite many doubts, the dignity of the individual stands for the idea that combines environmental protection issues with the concept of human rights.

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