The Concept of Sustainable Development as a Constitutive Element of the Polish Political and Legal System and a Specific Human Right
- Institution: University of Economics and Humanities in Warsaw
- ORCID: https://orcid.org/0000-0002-2231-8824
- Institution: University of Warsaw
- ORCID: https://orcid.org/0000-0003-3707-4479
- Institution: Adam Mickiewicz University in Poznan
- ORCID: https://orcid.org/0000-0002-3854-7007
- Year of publication: 2021
- Source: Show
- Pages: 451-465
- DOI Address: https://doi.org/10.15804/ppk.2021.06.36
- PDF: ppk/64/ppk6436.pdf
The term ‘human rights’ is used to describe the rights of every person, regardless of their nationality or social position. In the doctrine, the term is also understood differently as the material, social and cultural premises of human independence. Both the concept and the content of the principle of sustainable development are the subject of a broad debate involving representatives of different scientific disciplines, publicists, and politicians representing different options. The authors of the article analyze the principle of sustainable development in the context of human rights. From the text of Art. 5 of the Constitution, it can be deduced that the principle of sustainable development in this layer is a human and civil right, broader than the law, relating to living in an uncontaminated environment. The core of the concept of sustainable development, which is not sufficiently emphasized due to its “appropriation” by ecologists and its complexity unduly perceived by lawyers, is that it formulates rights for future generations. The perception of these rights by the creators of the Polish Constitution, both in its preamble and in its Article 5, should be considered momentous and anticipating its creation.