human dignity

Human Dignity in the European Perspective and the Proportionality Principle

Author: Monika Forejtová
Institution: University of West Bohemia
Year of publication: 2016
Source: Show
Pages: 192–208
DOI Address: https://doi.org/10.15804/athena.2016.52.11
PDF: apsp/52/apsp5211.pdf

The fundamental human right to dignity is the cornerstone of European legal culture. The right has been provided for in international, European, and national legal instruments. Its role as a benchmark reference for all other human rights has developed into a self-standing and self-executing right, especially under the new EU Charter of Fundamental Rights. This evolution from the traditional role of the right to dignity is analysed in case study based on a real case before the Constitutional Court of the Czech Republic in 2015. The analysis brings forward a reflection about the need to respect the concept of dignity and how it actually is observed in the European context.

Konstytucyjne gwarancje szczególnych świadczeń zdrowotnych w kontekście ochrony kobiet w ciąży

Author: Daria Bieńkowska
Institution: Akademia Pomorska w Słupsku
ORCID: https://orcid.org/0000-0002-5659-4819
Year of publication: 2020
Source: Show
Pages: 413-423
DOI Address: https://doi.org/10.15804/ppk.2020.04.22
PDF: ppk/56/ppk5622.pdf

Constitutional Guarantees of Specific Health Services in the Context of Protecting Women in Pregnacy

Providing health services to pregnant women is a special situation, which is confirmed in constitutional provisions, and above all in art. 68 paragraph 3 of the Polish Constitution. This article imposes on public authorities the obligation to provide specific health care to certain entities, including women expecting a child. Regardless of the principles of financing health services, pregnant women are in a distinguished group for which the state guarantees special health care. The purpose of the article is to indicate that the normative scope of provision 68 para. 3 is an expression of the specific axiology adopted by the constitution-maker, in which the care of a pregnant woman also means caring for the development of the nation, human dignity and protection of life and health - i.e. fundamental values. Legislative regulations related to norms of protection for pregnant women should constitute a kind of control pattern regarding standards of providing services in healthcare, understanding the essence of this care and the ability to decode legal norms in terms of constitutionally protected values. The basic research method was dogmatic and legal (stylistic and linguistic) analysis, as well as humanistic axiological analysis.

Dylematy wolności i ich prawne implikacje

Author: Artur Łuszczyński
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0002-1589-935X
Year of publication: 2021
Source: Show
Pages: 159-169
DOI Address: https://doi.org/10.15804/ppk.2021.03.10
PDF: ppk/61/ppk6110.pdf

Dilemmas of Freedom and their Legal Implications

Each legal institution begins from an idea, therefore a thought is primary in relation to the legal norm created by the legislator. This makes the analysis of this idea is significant and cannot be ignored. Freedom is one of the fundamental rights guaranteed by the contemporary constitutionalism. The article is an analysis of the philosophical and legal understanding of the concept of freedom and the ways of its transfer to the law. The author claims that the concept of freedom is a vague concept for a European lawyer, on the foundation of which it is difficult to build a legal system. On the one hand, this concept seems familiar and it is difficult to directly deny it, but its definition, and even more so, the adoption of the consequences associated with this definition is debatable.

Lament nad światem. O ludzkiej godności, nierównościach i niepokojach społecznych w kinie najnowszym

Author: Ewelina Konieczna
Institution: Uniwersytet Śląski w Katowicach, Polska
ORCID: https://orcid.org/0000-0002-8042-3956
Year of publication: 2021
Source: Show
Pages: 143-155
DOI Address: https://doi.org/10.15804/kie.2021.01.08
PDF: kie/131/kie13108.pdf

The subject-matter of my consideration covers chosen films about social inequalities and the resulting unrest in various parts of the world at the turn of the second and third decade of the 21st century. Film characters deprived of education, work, medical care and a dignified place to live have no hope of improving their existence. Growing frustration leads to aggression, breaking the law, brutal violence as well as riots and street fights. The purpose of this article is to reflect on the issues raised in film discourses and to try to find answers to questions about the causes and factors that cause social unrest. The category of human dignity was used to analysis the studied issues.

Godność człowieka jako wartość chroniona konstytucyjnie

Author: Klaudia Jastrzębska-Wójcicka
Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
ORCID: https://orcid.org/0000-0001-5203-872X
Year of publication: 2021
Source: Show
Pages: 335-345
DOI Address: https://doi.org/10.15804/ppk.2021.05.26
PDF: ppk/63/ppk6326.pdf

Human dignity as a constitutionally protected value

The Article discusses the issue of granting human dignity the status of the highest value in the Polish Constitution. What is more, it explains the grounds of the regulation of art. 30 of the Constitution of the Republic of Poland. Additionally, it presents dignity as a foundation of the legal order. Therefore, de facto, every legal norm that functions in our legal system should comply with this regulation. The article calls attention to a danger of potential abuses pointing out some of the practices that can violate the human dignity in the future.

The Right of the Deaf to Polish Sign Language

Author: Dorota Lis-Staranowicz
Institution: University of Warmia and Mazury in Olsztyn
ORCID: https://orcid.org/0000-0002-2118-3761
Year of publication: 2021
Source: Show
Pages: 395-405
DOI Address: https://doi.org/10.15804/ppk.2021.06.31
PDF: ppk/64/ppk6431.pdf

The article aims to draw attention to the linguistic rights of the Deaf in Poland and their legal source. Deaf people’s right to Polish sign language stems from their disability. This approach is incorrect. The title entitlement is the natural right of the deaf, derived from his dignity. In turn, the principle of human dignity is the gate leading to its “positivization”. On the other hand, recognizing the constitutional nature of the right to Polish sign language strengthens the legal basis of the deaf ’s claims against the state and justifies the legal protection of this language. The recognition of the right to Polish sign language allows the deaf to the full and equal exercise of the rights and freedoms guaranteed by the Constitution of April 2, 1997.

Idea godności jednostki jako uzasadnienie prawa do środowiska

Author: Marcin Merkwa
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0001-7288-4552
Year of publication: 2022
Source: Show
Pages: 257-268
DOI Address: https://doi.org/10.15804/ppk.2022.01.19
PDF: ppk/65/ppk6519.pdf

The Idea of Human Dignity as a Justification of the Right to the Environment

The problem of environmental protection is perhaps the most important challenge facing man today. On the legal level, this issue is expressed, inter alia, in the discussion on recognition of the right to the environment. This problem is widely discussed and poses a challenge both in the field of international and constitutional law. The work presents the key regulations of both international environmental law and the constitutions of various countries. This allowed for the recognition of the role and significance of the concept of the dignity of the individual, which, underpinning the international system of human rights protection, also plays an important role in environmental regulations. The thesis was formulated that, despite many doubts, the dignity of the individual stands for the idea that combines environmental protection issues with the concept of human rights.

Ekskluzja społeczna a konstytucyjnie uwarunkowana godność człowieka

Author: Ewelina Cała-Wacinkiewicz
Institution: Uniwersytet Szczeciński
ORCID: https://orcid.org/0000-0002-5439-4653
Year of publication: 2022
Source: Show
Pages: 253-265
DOI Address: https://doi.org/10.15804/ppk.2022.05.20
PDF: ppk/69/ppk6920.pdf

Social Exclusion and Constitutional Determinants of Human Dignity

The purpose of this study is to refer (relativize) constitutionally determined human dignity to human rights and to demonstrate social exclusion against this background. The scholarly supposition that the category of social exclusion does not have an independent character and that deriving de lege lata the right to protection against social exclusion is premature was given the form of a research hypothesis. Its confirmation or falsification will be done in the shadow of the assumption according to which exclusion should be considered in a two-way fashion: as social exclusion and, separately, as legal exclusion. The introduction of the second category is a relatively new area of research that addresses this subject matter.

Instytucja sądu polubownego – konkurent czy też forma pomocy dla sądownictwa powszechnego?

Author: Ewelina Bachera
Institution: Uniwersytet Śląski
Author: Bartosz Smółka
Institution: Uniwersytet Śląski
Year of publication: 2014
Source: Show
Pages: 241-255
DOI Address: https://doi.org/10.15804/tpn2014.1.15
PDF: tpn/6/TPN2014115.pdf

An increasing number of children born from in vitro fertilization raises some questions: do children born from in vitro fertilization have the right to know their origins ? The answer may be run from the viewpoint of the child or from the parents. This problem is a really controversial issue: some people think that the right to know genetic origins is a fundamental human right, what’s more it is in the best interest of the child. On the other hand, others think that parents have the right to be anonymous. In the light of above worthy of particular attention is the position of judicial interpretation.

Zjawisko prekariatu w filmie fabularnym

Author: Ewelina Konieczna
Institution: Uniwersytet Śląski w Katowicach, Polska
ORCID: https://orcid.org/0000-0002-8042-3956
Year of publication: 2023
Source: Show
Pages: 87-100
DOI Address: https://doi.org/10.15804/kie.2023.01.06
PDF: kie/139/kie13906.pdf

The precariat in the feature film

This paper discusses selecting films (realized shortly before the COVID-19 pandemic) portraying the precariat in today’s world. Working poor in lowwage jobs cannot secure a livelihood, which creates frustration and leads to a loss of personal and social dignity among this social class. My main focus is human dignity in the face of poverty and economic and social marginalization, enabled by a political system allowing contemporary forms of exploitation. In this paper, I refer to social scientists and filmmakers who warn against the escalation of aggression brought on by this phenomenon. The research aim of my study was to acquire knowledge of how the precariat has been presented in selected films and whether and why this phenomenon is the cause of human dignity and social exclusion. The first part covers definitions of the terms involved (precariat, human dignity), while the second discusses three selected films that explore the subject above.

Od konstytucyjnie wywodzonej dostępności w stronę prawa do dostępności?

Author: Ewelina Cała-Wacinkiewicz
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?

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