Importance of the 2005 Constitution of the Republic of Iraq as a Result of the Operation “Iraqi Freedom”

The adoption of a constitution is usually a breakthrough event, initiating a new reality for a given community, although it often becomes only a meaningless document, the provisions of which are ignored by the rulers, irrelevant or even unknown to the society. The armed operation of the Coalition Forces under the political and military leadership of the US, which lasted from 2003 to 2010, creates an important context for the constitution of the Republic of Iraq, which was implemented in December 2005. Therefore, it is important to place this constitution against the background of events and other documents of this rank in Iraq. Only in such a context can the significance of this fundamental law be properly assessed. For this purpose, a source analysis of both the text of the Constitution of 2005 and previous documents of a similar rank in Iraq was carried out, as well as an analysis of the political and military situation and the changing internal socio-political conditions in order to place this legal act in the right context.

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.

Ombudsman and His Activity During the COVID-19 Pandemic (Selected Issues)

The article is devoted to the analysis of the activities of the Commissioner for Human Rights during the COVID-19 pandemic in Poland. The experience to date allows us to conclude the activities of the ombudsman institution and the problems of a social, political and legal nature generated in the state by various regulations aimed at eliminating the virus itself and the consequences of its occurrence. The aim of this article is to draw attention to selected problems related to the specificity of the activities of state institutions in the event of a threat to the health safety of Poles, as well as activities undertaken in the area of administration, health protection and economic activity. The author tries to show that the Ombudsman intensified efforts to protect civil rights during the pandemic and pointed to its critical problems.

The Place of the Right to Internet in National Legal Orders

The information revolution, and the associated rapid development of technology, led to significant social changes. Currently every aspect of our life depends on access to the Internet. The conceptualization of the right to the Internet is a consequence of these changes and is an important element of the contemporary concept of the status of the individual. Many countries have started to implement it into their legal systems. The paper separates and assesses individual strategies of adopting this law. The research aim of the article is to answer the question: does the right to the Internet require direct introduction to the constitutional order of the state. The effect of the considerations is to define the desired place of the Internet right in the national legal order.

Economic Aspects of The Interpretation of The Law on Health Protection in the Constitution of the Republic of Poland

The article presents considerations on the impact of the interpretation of the constitutional right to health protection on the functioning of the public health care system. The issues include the discrepancy between the literal interpretation of the constitutional norm and the interpretation of the Constitutional Tribunal. The inconsistency of the application of a constitutional norm in legislation leads to inequality in accessing health services for some groups of citizens and affects to some extent the financial stability of health providers. To ensure higher efficiency of constitutional norms, it is necessary to analyse their socio-economic preconditions and to reflect on the effects of their introduction into the legal system. Otherwise, a dead law is created, which is interpreted in accordance with the currently applicable lower-level legal acts.

What kind of freedom? The dilemma of democracy

Since the ancient times there has been a continuing discourse on the nature and scope of freedom and civic and human right in the more or less liberal democracy. This paper contains a critical analysis and assessment of the most important opinions concerning the both political and economic freedom and the interpretations of that concept in the political practice. This article argues that, contrary to the beliefs of most people, freedom and human rights do not come from nature, but they are the result of the society’s consensus, especially that part of the society, which participates in the elections. The voters agree to allow the winning political party to realize its program also in the respect to freedom and civic (human) rights. On the other hand the politicians try to secure the appropriate equilibrium between the political and economic freedom, which supports the stabilization of a given political system and is conducive to the economic growth.

Legal Protection of Freedom of Thought, Conscience and Religion

Freedom of thought, conscience and religion is one of the fundamental freedoms of individual, which has to be and is protected by international and national law, as shown on the example of the Polish Constitution. Freedom of conscience includes both the right of individual to choose the worldview and the right to change it. Freedom of religion ensures the right to express and manifest the views and convictions on religion individually and collectively, privately or publicly. Considering derogation of freedom of thought, conscience and religion, international law states that it may be restricted, but only in specific circumstances and under the legal act. The Polish Constitution is in line with international law in terms of restricting the above freedom.

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.

Health care is one of the determinants of the entire policy of the European Union. In this regard, the EU has a well-developed legislation and institutions designed to protect the environment. One of the areas of protection of human health is the natural environment. Also in this range, the EU has a fairly well developed system of laws and institutions. The aim of the study is to show the influence of EU policy on health and the environment on the health status of EU’s citizens.

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.

Censorship is a special case of media control. In the authoritarian system it is preventive censorship as well as press licensing that constitute a characteristic symptom of this control. In law, the notion of censorship has not been defined: therefore one has to refer to doctrines and jurisdiction. In the Polish law, a clear ban on preventive censorship, understood as making publishing or broadcasting a certain message dependent on the prior consent of a public authority, was included in Article 54 Section 2 of the Constitution. This regulation constitutes, in the area that it regulates, a development and confirmation of the freedom of the press and other media rule expressed in Article 14 of the Constitution. Additional provisions of the press’s freedom of speech in the context discussed here are formulated in Article 3 of the Press Law. Although it does not refer directly to preventive censorship, the ban it expresses is supposed to prevent the actual infringement on the freedom of the press by preventing its print and distribution. As for the issues discussed here, what may be controversial is the approach limiting the introduction of preventive censorship only to public administration institutions. The Constitutional Tribunal in its verdict from 20 July 2011, referring to the use of publication ban within proceedings to secure claims in claims against mass media concerning the protection of personal rights (Article 755 Paragraph 2 of the Code of Civil Procedure) stated that the judicial power is not the administrative power. Therefore, the courts’ activity cannot be considered as using censorship, but rather as monitoring the law being obeyed in the preventive meaning. And as for the regulations included in the European Convention on Human Rights, its Article 10 (as well as its other regulations) does not directly refer to the issue of controlling or obstructing publications, especially press releases. This question, however, has been the subject of many rulings of the European Court of Human Rights.

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.

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.

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.

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.

The European Network of Ombudspersons for Children and its Role in the Protection of Children’s Rights. Selected Issues

The article is devoted to analysing the activities of the European Network of Ombudspersons for Children. The experience gained so far allows us to draw conclusions as to the activities of the institution coordinating the activities of ombudspersons for children in Europe and confirms that the exchange of good practices, support and coordination effectively strengthens the protection of children’s rights. This article aims to draw attention to selected problems related to the specificity of the activity of this European institution, which integrates not only the institutions of children’s rights ombudspersons but also other institutions established to protect the rights of the youngest in the situation of multifaceted threats of the modern world. The author tries to show that the European Network of Ombudspersons for Children undertakes intensified efforts to protect children’s rights and is effective in this respect.

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?

Women and children are disproportionately those seeking immigration relief in the United States, and women lawyers are disproportionately those helping them. But it can’t be just women lawyers doing the helping. This article addresses immigration pro bono legal work, which is primarily conducted by women, and its impact on access to justice in the United States. Using a gender lens, the article examines naturalization, birthright citizenship, asylum and Temporary Protected Status, which is newly available for people from Ukraine and from Afghanistan. Immigration is an important area of focus for pro bono work, because without this help many people will stay in poverty and live on the margins of society.

Freedom from fear is one of the four freedoms (along with freedom of speech, freedom of religion, freedom from want) that President Franklin D. Roosevelt presented first to the US Congress on 6 January 1941, and later to the entire world in the fight against Germany, Italy and Japan. They covered all areas of human life, guaranteeing security in the private and family spheres, in public life and in relations with other people and, above all, with any authority (especially the State). These freedoms became the basis of the human rights enshrined in the Universal Declaration of Human Rights, proclaimed on 10 December 1948, and other national and international documents. Freedom from fear has become a symbol of the protection of human rights and a guarantee of a safe life for every person everywhere in the world. The vast majority of conflicts in the world originate within national borders and their main victims are innocent civilians. States have a primary duty to protect everyone. They must create strong security instruments to prevent a repetition of the crimes of the Second World War. The quest for universal and individual security is constantly intertwined with new threats that grow with the development of civilisation, in particular through the evolution of technology and information. Today, we are also confronted with various aggressors - bandit states, cruel terrorists and populist governments on the verge of enslavement and incitement to violence. Education, cooperation, human rights and shared responsibility for others build respect for every human being - not only fellow citizens, but other people from distant parts of the global village. This shared responsibility began in the Congress of the United States of America on 6 January 1941.

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.