- Author:
Elżbieta Zębek
- Institution:
Uniwersytet Warmińsko-Mazurski
- Year of publication:
2018
- Source:
Show
- Pages:
14-24
- DOI Address:
https://doi.org/10.15804/tpn2018.1.02
- PDF:
tpn/13/TPN2018102.pdf
This article shows the general prinicples of water protection in the international, European Union and Polish levels in the contex of human rights. Because deficit of drinking waters is very important issue not only in Africa and Asia countries but also in some state in UE e.g. in Poland with scarce water resources. The legal aspect of water protection against pollutants stemming from anthropogenic activity is complex and hence, is regulated in many conventions, directives and national laws. The very important for water protection is to limit iflows of sewage into water bodies or limit pollution at source, and effective remediation and restoration of the water damage. All contribute to improved quality of waters and ensuring their proper quality which is the basic human right to life.
- Author:
Marek Piechowiak
- Institution:
Uniwersytet Humanistycznospołeczny SWPS, Instytut Prawa, Wydział Zamiejscowy w Poznaniu
- Year of publication:
2015
- Source:
Show
- Pages:
5-25
- DOI Address:
https://doi.org/10.15804/tpn2015.2.01
- PDF:
tpn/9/TPN2015201.pdf
An important argument in favour of recognising the cultural relativism and against universality of dignity and human rights, is the claim that the concept of dignity is a genuinely modern one. An analysis of a passage from the Demiurge’s speech in Timaeus reveals that Plato devoted time to reflecting on the question of what determines the qualitative difference between certain beings (gods and human being) and the world of things, and what forms the basis for the special treatment of these beings – issues that using the language of today can be described reasonably as dignity. The attributes of this form of dignity seem to overlap with the nature of dignity as we know it today. Moreover, Plato proposes a response both to the question of what dignity is like, as well as the question of what dignity is. It is existential perfection, rooted in a perfect manner of existence, based on a specific internal unity of being. Dignity is therefore primordial in regard to particular features and independent of their acquisition or loss. Plato’s approach allows him to postulate that people be treated as ends in themselves; an approach therefore that prohibits the treatment of people as objects. Both the state and law are ultimately subordinated to the good of the individual, rather than the individual to the good of the state.
- Author:
Jerzy Jaskiernia
- E-mail:
jerzyj@hot.pl
- Institution:
Jan Kochanowski University in Kielce
- ORCID:
https://orcid.org/0000-0001-9401-5999
- Year of publication:
2023
- Source:
Show
- Pages:
223-235
- DOI Address:
https://doi.org/10.15804/ppk.2023.03.16
- PDF:
ppk/73/ppk7316.pdf
The Council of Europe plays a special role in promoting democracy, the rule of law and the protection of human rights. The events of recent years, and especially Russia’s aggression against Ukraine, have significantly changed the conditions for the implementation of the Council of Europe’s mission. The author analyzed, based on the resolution of the Parliamentary Assembly of the Council of Europe 2473 (2022) “Strengthening the role of the Council of Europe as a cornestone of the European political architecture”, the activities of the Council of Europe aimed at seeking its role in the emerging new political architecture of Europe. Russia’s aggression against Ukraine may create conditions for a new look at the opportunities offered by the Council of Europe for European development and create a climate for intensifying forms of cooperation between European international organizations in the event of new threats to European development.
- Author:
Kornel Bielawski
- Year of publication:
2015
- Source:
Show
- Pages:
210-218
- DOI Address:
https://doi.org/10.5604/cip201515
- PDF:
cip/13/cip1315.pdf
Sharia law and human rigts in Aceh
The Indonesian province of Aceh is considered to be the „gateway to Mecca”, as first Arab traders arrived there and in a peaceful way convinced Acehnese to adopt Islam as their religion. Many years of civil war and social consequences of tsunami in December 2004 meant that Aceh began to radicalize religiously. Implemented in the early twenty-first century Shariah law initially appeared to be tolerant, liberal version of Islam, but after 2004 it turned out to be completely different. Non-governmental organizations have begun to alarm about increasing cases of human rights violations in Aceh, as a direct consequence of the introduction of Shariah.
- Author:
Agnieszka Gajda
- E-mail:
gajda_a@wp.pl
- Institution:
Uniwersytet Gdański
- ORCID:
https://orcid.org/0000-0003-1348-174X
- Year of publication:
2023
- Source:
Show
- Pages:
151-161
- DOI Address:
https://doi.org/10.15804/ppk.2023.04.11
- PDF:
ppk/74/ppk7411.pdf
Reliable Justification of the Court Judgment in the Context of the Judgment of the European Court of Human Rights of March 9, 2023 in the Case of Cupial v. Poland
One of the elements of the right to a fair trial is the right of the individual to a reliable justification of the decision in the case, derived from the right to the appropriate shap- ing of the court procedure. The aim of the article is to show that this is a key element in cases where the court adjudicates the rights and freedoms of an individual, setting their limits. In the judgment of March 9, 2023, in the case of Cupial against Poland, the Euro- pean Court of Human Rights emphasized the special role of a reliable justification of the judgment. The author considers this requirement as one of the fundamental guarantees of respecting the rights and freedoms of the individual, which in the context of the dis- cussed case is the freedom of conscience and religion, and the right to ensure children a religious upbringing in accordance with parents convictions. The analysis of the indi- cated issue was made on the basis of the dogmatic-legal method.
- Author:
Radosław Zych
- E-mail:
radzy84@o2.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-1221-9136
- Year of publication:
2023
- Source:
Show
- Pages:
267-281
- DOI Address:
https://doi.org/10.15804/ppk.2023.05.19
- PDF:
ppk/75/ppk7519.pdf
This paper has the following research thesis: An individual’s end of life has far-reaching legal effects, also in the sphere of the person’s subjective rights. The research problem consists in reflecting on the right to vote, understood as a human right, in the light of a set of legal norms that undergo changes quite frequently. The aim of this paper is to examine what concepts the legislator uses to describe the death of a person and what effects it brings in the sphere of substantive law? Does the current legal state require amendments? If so, what kind of changes? To determine this, I will examine two fundamental normative acts in the Polish system of sources of law: the Constitution and the Electoral Code. In the research conducted, I will apply the formal-dogmatic method. Apart from legal regulations, I will examine the opinions of legal scientists and some relevant judicial decisions. The Constitution does not link the consequences in the sphere of the electoral law to the end of individual’s life. Electoral Code uses the terms “death” and “died” directly providing for the end of life in special situations confirming the natural consequence of a given state of affairs and requiring various procedural steps. The author expresses the hope that his findings will become the basis for further profound research on the issues of electoral procedures related to the death of a person as: a voter, candidate or member of electoral bodies.
- Author:
Ewelina Cała-Wacinkiewicz
- E-mail:
ewelina.cala-wacinkiewicz@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-5439-4653
- Year of publication:
2023
- Source:
Show
- Pages:
165-177
- DOI Address:
https://doi.org/10.15804/ppk.2023.06.12
- PDF:
ppk/76/ppk7612.pdf
From Constitutionally Derived Accessibility, Towards the Right to Accessibility?
A scholarly assumption that relates to the non-stand-alone character of the category of accessibility, which is a certain normative abstract, was given the form of a research hypothesis. Confirmation or falsification of it will allow us to look at accessibility against the constitutionally determined human rights-related triad of values: human dignity, equality before the law and non-discrimination. This triad, in turn, will be given the status of an axiological ratio of introducing the category of accessibility, both to the multi-centric law system and to the on-going legal discourse on persons with special needs, including those with disabilities. Social determinants of accessibility in genere determine its legal essence. Therefore, striving to equip accessibility with the value of efficiency, would it be justified to place it within a normative framework of the right to accessibility if we were to find de lege lata reasons for it?
- Author:
Anna Michalak
- E-mail:
amichalak@wpia.uni.lodz.pl
- Institution:
Uniwersytet Łódzki
- ORCID:
https://orcid.org/0000-0001-7430-5817
- Year of publication:
2024
- Source:
Show
- Pages:
137-149
- DOI Address:
https://doi.org/10.15804/ppk.2024.01.10
- PDF:
ppk/77/ppk7710.pdf
Selected Directions of Research in the Field of Constitutional Law in the World – a Subjective Contribution to the Discussion
At present, there is a global discussion on desirable and necessary changes to the constitution, common and non-derogable democratic values, and the scope of the omnipotence of the authorities elected in free elections. Politicians, representatives of organizations representing civil society, experts and representatives of the world of science participate in this discussion. The Polish constitutional discourse after 2015 was dominated by the consequences of ruthless circumvention of the provisions of the constitution by politicians in power. Even in these circumstances, however, other issues that are currently being debated in international constitutional forums must not be lost sight of. It seems that at least some of them may prove useful in the discussion on restoring constitutional standards.
- Author:
Janusz Jartyś
- E-mail:
janusz.jartys@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0001-5662-7433
- Year of publication:
2023
- Source:
Show
- Pages:
13-23
- DOI Address:
https://doi.org/10.15804/PPUSI.2023.03.01
- PDF:
pomi/10/pomi1001.pdf
European standards towards LGBT social movement in some countries inside and outside European Union. Comparative analysis
In this article author compares LGBT’s human rights standards in Poland, Germany, Ukraine, Russia and some Middle Eastern states. Members of the LGBT community have not equal rights in Europe, even in a European Union member states, which have to respect rights of any minority. In a case of Germany society sooner tend to accept LGBT people than this was reflected in a law system. It is interesting, that Poland has been decriminalizing homosexual activity in 1932, but this does not changed social atitudes, even now in this country LGBT sa socially excluded in many ways. Situation in post-Soviet states in even worse – in both Ukraine and Russia societies permits LGBT’s persons exclusion from the social and political sphere.
- Author:
Małgorzata Łuszczyńska
- E-mail:
malgorzata.luszczynska@mail.umcs.pl
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0002-4387-8820
- Year of publication:
2024
- Source:
Show
- Pages:
131-147
- DOI Address:
https://doi.org/10.15804/ppk.2024.02.10
- PDF:
ppk/78/ppk7810.pdf
From Natural Rights to the Dignity of the Human Person. Considerations on the Axiology of the Constitution of the Republic of Poland
The article is a reflection on the issues of natural law. The dominant view in the literature on the subject is that natural law is a kind of matrix that should be duplicated by the legislator in order to prevent legal injustice. According to the Latin paremia: Lex iniusta non est lex (Unjust law is not law), the legislator must take into account unspecified higher- level norms. The aim of the article is to look from a philosophical perspective at the axiological foundations of the Polish legal order in the context, primarily, of the sources of law. According to the author of the article, in modern times the rationalism of natural law is becoming apparent, and its religious foundations will not necessarily be acceptable in a culturally pluralized society. The legal analysis method was used, the historical-legal method (in terms of examining the evolution of legal ideas underlying individual constitutional regulations) and the hermeneutic method in relation to the examination of the Constitution as a product of culture, not so much in the linguistic, but in the social, cultural and historical layer. The analysis of applicable legal provisions also forced the use of the formal and dogmatic method.
- Author:
Dominika Kuna
- E-mail:
dkuna@swps.edu.pl
- Institution:
Uniwersytet SWPS w Warszawie
- ORCID:
https://orcid.org/0000-0002-6668-9811
- Year of publication:
2024
- Source:
Show
- Pages:
149-160
- DOI Address:
https://doi.org/10.15804/ppk.2024.02.11
- PDF:
ppk/78/ppk7811.pdf
Potential Victim of Human Rights Violations on the Background of the Protection System of the European Convention on Human Rights
The article’s purpose is to present the concept of a potential victim of violations of the rights and freedoms of the European Convention on Human Rights. A group of complainants is treated as a victim, even though the violation affects society. The qualification of complainants as victims of human rights violations can be treated as the creation of European human rights law. The role of the Court is to apply the so-called ‘push’ and ‘pull’ factors, which cannot only effectively contribute to the implementation of the principles of the ECtHR. The article addresses the problem of the assumptions of the living instrument doctrine and the interpretation of the law currently associated with the active activity of judges (judge-made law). The concept of the potential victim of human rights violations represents an opportunity for the postulated expansion of the catalog of fundamental rights.