The guarantees of cultural rights in Polish law and international and European system of human rights protection – selected problems

This paper aims to provide a study on the scope of regulations of the cultural rights in Polish legal system, on the basis of Polish Constitution and statutory law, as well as in the international systems of human rights protection (UNO, the Council of Europe, the European Union). Detailed analysis of the regulations concerning II generation of human rights is presented. Due to the lack of the legal definition of culture, the catalogue of its components (or conducts) cannot be formed. Nevertheless, the legal and judicial protection of this elements can be partially guaranteed by other non-cultural regulations, which are indirectly associated with culture, like freedom of speech, freedom of religion or the protection of national and ethnic.

Special character of cultural rights and its position in Polish Constitution – the attempt of characteristic and classification

The present paper is an analysis of the legal regulations on cultural rights in Polish Constitutional Legal system. The author claims that culture, as a unique value, has a special impact on personal development of every human being. As a consequence also cultural rights have a special importance for modern society and nation. Paper presents different meanings of culture, gives the definition of cultural rights and critically analyses constitutional provisions of article 5,6 and 73. Author also sug- gests the need for amendment of Chapter II of Polish Constitution which aim is to add provision guaranteeing the right to access to culture. The content of the article is a sum- mary of author’s Phd paper.

Constitutional regulation of the access to cultural goods  and the freedom of using cultural goods

The hereby paper is an attempt of an analysis of provisions of the Constitution of the Republic of Poland that regard access to cultural goods and the freedom of using cultural goods. Decoding the meaning of elements of a legal norm, which norm results from these provisions, is significant for the evaluation of the materialization of the constitutional regulation in the contents of particular acts. Deliberations on the grounds of articles 6 and 73 of the Constitution have been presented in the article. The purpose of these deliberations were: a determination of the subjects entitled to use the cultural goods and obligated to provide access to such goods; the indication of the range of goods and the extent to which access to them should be guaranteed; as well as the decoding of the scope of the constitutional term „usage”. Regardless of these analyses, a few practical aspects related to the access to cultural goods and their usage have been indicated.