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.

The concept of national heritage in the light of constitutional regulations

National heritage is a constitutional value. It protects it, just like the independence of the Republic of Poland, in accordance with art. 5 of the Constitution. National heritage can be understood as a culture rooted in the Christian heritage of the nation. In this way, it captures the preamble or cultural heritage referred to in art. 6 par. 2 of the Constitution. This last concept seems to be an integral part of the national heritage. The national heritage can’t, as it was proved, be perceived as a heritage of the Polish ethnic nation, although the term “nation” used in the Constitution can be interpreted differently. In practice, the problem is also the status of the cultural heritage of national minorities and whether it is part of the Polish national heritage.

Legal protection of national anthem – characteristic and main functions

The present paper is an analysis of the legal regulations on national anthem in Polish Constitutional Legal system. The author claims that national anthem is a part of intangible national heritage and as a consequence individual can realize his cultural right thanks to the participation in anthem’s heritage. Paper presents constitutional regulation in relation to legal resolutions in different Member States. Art. 28 of Polish Constitution positioned in 1 st Chapter has very special meaning for the right to participate in national heritage’s fulfillment that was characterized in last part of the article.

The cemetery as a historical source. The example of Yaniv Cemetery in Lvov

Cemeteries are important sources of knowledge in historical research, especially social history of a specific area. Objects of sepulchral art, typically found in cemeteries (gravestones, tombs, chapels) with the original inscriptions and epitaphs, are unique sources which oftentimes enrich the obscure descriptive sources.

Hřbitov jako historický pramen. Na příkladu Janovského hřbitova ve Lvově