Konsekwencje tzw. wyroku aborcyjnego (sygn. akt K 1/20) w zakresie podmiotowości prawnej człowieka
- Institution: Uniwersytet Warmińsko-Mazurski
- ORCID: https://orcid.org/0000-0001-8780-9715
- Year of publication: 2024
- Source: Show
- Pages: 109-122
- DOI Address: https://doi.org/10.15804/ppk.2024.05.08
- PDF: ppk/81/ppk8108.pdf
The Consequences of the So-called Abortion Judgment (file ref. no. K 1/20) in the Field of Human Legal Personality
In the judgment file ref. no. K 1/20, the Constitutional Tribunal stated that the unborn child has dignity throughout the prenatal period and its life is subject to protection. The ruling moved the moment of acquiring legal personality from the moment of birth to conception. The author concludes that since the nasticurus has dignity, it should also be entitled to the constitutional rights and freedoms. The Correctness of the Tribunal’s ruling means that the legal provisions stating that legal capacity (subjectivity) is acquired at the moment of birth are inconsistent with the Constitution. The author claims the thesis that the implementation of these effects of the ruling would have downright revolutionary consequences for the Polish legal order and would constitute a departure from the traditionally perceived legal subjectivity of man. The author is satisfied that these effects have not been accepted in science, jurisprudence and legislation.