zasada równości

  • Konstytucyjna zasada równości na gruncie ustawy z 4 listopada 2016 r. o wsparciu kobiet w ciąży i rodzin „Za życiem”

    Author: Jarosław Skowyra
    E-mail: jarek.skowyra@gmail.com
    Institution: Uniwersytet w Białymstoku
    Year of publication: 2017
    Source: Show
    Pages: 169-183
    DOI Address: https://doi.org/10.15804/ppk.2017.03.08
    PDF: ppk/37/ppk3708.pdf

    This contribution presents issue connected to implementation of the constitutional principle of equality and prohibition of discrimination within Act of 4 November 2016 on the support of pregnant women and families „For life”. Author brings regulations concluded in the content of the indicated act closer, thereafter he performs a presentation of the principle of equality and prohibition of discrimination, with an aid of jurisdiction and doctrine standpoints. Final part of contribution consists confrontation between mentioned principle and pointed prohibition with this part of the „For Life” Act, which sketch presumptions allowing to apply for one time benefit, in the amount of 4 000 zloty, for giving birth to alive child, who were diagnosed with severe and irreversible impairment or with incurable illness endangering their life, under a condition that woman would stay under medical healthcare no later than from 10th week of pregnancy till labour.

  • Konstytucyjna zasada równego dostępu do świadczeń opieki zdrowotnej a jej ustawowa realizacja w prawie polskim. Wybrane problemy

    Author: Monika Urbaniak
    Institution: Uniwersytet Medyczny im. K. Marcinkowskiego w Poznnaiu
    Year of publication: 2013
    Source: Show
    Pages: 79-98
    DOI Address: https://doi.org/10.15804/ppk.2013.03.04
    PDF: ppk/15/ppk1504.pdf

    The right to health contained in art. 68 paragraph 1 of the Constitution is one of the most important human rights. This provision constitutes the so-called public subjective right, which has its equivalent in the constitutional roles and obligations of public authorities, involving the proper settlement of the issues in the laws relating to the protection of health. In turn, art. 68 paragraph 2 of the Constitution reads that citizens, regardless of their financial situation, public authorities provide equal access to health care services financed from public funds. The implementation of this principle in the public health care system is based on the principle of ensuring equal access for all qualified entities to health services. The constitutional principle of equality does not promise the obligation of public authorities to provide free but only equal health care for all citizens, which must be guaranteed by public funds. The implementation of equal access to benefits is limited with imperfect regulation in the health sector, primarily due to insuf- ficient funds allocated to healthcare.

  • Zasada równości w stosunkach pracy na tle orzecznictwa Trybunału Konstytucyjnego

    Author: Magdalena Witkowska
    Institution: Uniwersytet Marii Curie-Skłodowskiej
    Year of publication: 2011
    Source: Show
    Pages: 205-221
    DOI Address: https://doi.org/10.15804/ppk.2011.01.10
    PDF: ppk/05/ppk510.pdf

    The present article is an attempt to describe understanding the concept of equality, both in doctrine, and in the chosen previous judgments of the Constitutional Tribunal formed over a distance area of entire period of stating. In the study a date and meaning of the basis of equality, its subjective scope, the issue of the relation between the basis of equality and other chosen constitutional principles, and criteria justifying the departure from the basis of equality were clarified. The author of the article is relating deliberations concerning the basis of equality to the issue of employments and the sphere of the employment. Issues of the basis of equality were presented in the field of the labor law through examples taken from the Constitutional Tribunal rulings and on this land they were considering whether a diversifying the situation of employees wasn’t based on any and groundless criteria, and hence whether it didn’t reach the breach of the principle of equality.

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