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1

Godność człowieka z niepełnosprawnością: perspektywa pedagogiki specjalnej

100%
Bartnikowska U., Ćwirynkało K., Antoszewska B.
Kwartalnik Filozoficzny
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2015
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vol. 43
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issue 3
103-121
EN
The object of the authors’ considerations is the concept of the dignity of a disabled person. The paper presents various ways of understanding the notion of dignity in philosophy and Christian theology, focusing on its individual and social aspects. The dignity and equality of all human beings are emphasized in many international legal acts. Nonetheless, it is often claimed that the dignity of people with disabilities is endangered. We describe some theories which concern the concept of the dignity of these people: 1) regarding people with disabilities as exceptional, with special dignity, 2) the ideas of personalization, 3) inclusion, 4) normalization, and 5) emancipation. It is concluded that in the humanist vision the dignity of a person with disabilities is one of the most essential values.
2

KRITIKA POJMU ĽUDSKEJ DÔSTOJNOSTI V KONCEPCII SUZY KILLMISTEROVEJ

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Turčan M.
Filozofia (Philosophy)
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2022
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vol. 77
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issue 1
36 – 47
EN
The paper deals with Suzy Killmister’s approach to the concept of human dignity. The author analyses her view and argues that the concept offered by her is relativistic to the degree in which the idea of universal human rights is susceptible to collapse, even though she seems to wish to uphold it. The author points to several problems in Killmister’s theory and concludes that, besides its inspiring nature, there is not a safe enough ground for its endorsement.
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ARGUMENT ĽUDSKEJ DÔSTOJNOSTI V ODÔVODNENÍ SÚDNYCH ROZHODNUTÍ

100%
Kuklová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 1
3 – 12
EN
The text critically reflects the use of human dignity in the reasoning of court decisions. The author concludes that an increase in the tendency to include everything in dignity as an objective value may lead to the notion of a moral order of society, which in fact leads to a restriction of the subjective freedom of each individual.
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Tajemnica godności człowieka w refleksji Chantal Delsol i Charlesa Péguy

100%
Przybylska-Sołonko N.
Kwartalnik Filozoficzny
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2017
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vol. 45
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issue 3
89–103
EN
Delsol believes that the concept of human dignity has been developed on the basis of the anthropology stemming from Judaism and Christianity. The human being was created in the image and likeness of God, and this makes him different from animals. However, Christian anthropology is constantly being questioned, and the concept of human dignity is unclear. This state of affairs has consequences for the postmodern creation of human rights and civil rights. Hence, the fundamental question of who is a human being is still important, is still repeated, and remains open. Ultimately, Delsol believes, human dignity should remain a mystery. Such an anthropological vision can only survive on Christian foundations, defined by the fragility and weakness of man. This vision could be illustrated by the figure of the little girl symbolizing the theological virtue of hope, taken from a poem by Charles Péguy.
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PERSONAL RIGHT TO KNOW ONE'S OWN BIOLOGICAL HERITAGE

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Bosek L.
Kwartalnik Prawa Prywatnego
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2008
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vol. 17
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issue 4
947-984
EN
The right of a person to know his or her heritage, including biological parents, is guaranteed by Polish constitutional and private law as well as by European Convention on Human Rights and UN Convention on Rights of Children. The right is deeply rooted in human dignity and for that reason protected by art. 30 of the Constitution, which declares that the inherent and inalienable dignity of the person shall constitute a source of all personal rights. Knowledge of one's own heritage is integral to personality development and self-identity, facilitates a harmonious unfolding of personality.
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'A PERSON SHOULD BE NOBLE'. A FEW COMMENTS ON ALEXANDER HERZEN'S PRAGMATIC ANTHROPOLOGY ('Czlowiek powinien byc szlachetny'. Kilka uwag o pragmatycznej antropologii Aleksandra Hercena)

100%
Kosciolek A.
Slavia Orientalis
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2009
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vol. 58
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issue 3
279-292
EN
This sketch is an attempt to scrutinize Alexander Herzen's philosophy of man, on the basis of his autobiographical statements from 'The Memoires, My Past and Thoughts' as well as his letters. In this article the attention is drawn to the concept of egoism, the writer's attiude towards money, as well as his understanding of freedom and human dignity. Anthropology of a Russian emigrant included in his autobiographic statements was not an abstract philosophical collection of notions, but practical and pragmatic in character. Being human, according to the writer, is not a difficult obligation, but derives from fulfiiling an inner need to act, which typifies every intelligent individual. Herzen was a vivid supporter of a harmonious development of human personality. He encouraged people to be open to new possibilities, to everything that is human. In his opinion, reading helps achieve utter humanity.
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LIMITATION CLAUSE AND THE INVIOLABILITY OF RIGHTS AND DIGNITY (Klauzula limitacyjna a nienaruszalnosc praw i godnosci)

100%
Piechowiak M.
Przegląd Sejmowy
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2009
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issue 2(91)
55-77
EN
The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. Due to an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition - at the level of a constitutional standard - of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of the inviolability of human rights. This term takes different meaning in the context of: 1) inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5) inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning of inviolability.
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JÁNUSOVSKÁ TVÁR ĽUDSKÝCH PRÁV: MEDZI ĽUDSKOU DÔSTOJNOSŤOU A PRÁVOM MAŤ PRÁVA. NA MARGO TROCH KNÍH O PROBLEMATIKE ĽUDSKÝCH PRÁV

100%
Sedová T.
Filozofia (Philosophy)
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2018
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vol. 73
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issue 4
318 – 328
EN
On the background of three related books, the article deals with the concept of humans rights as well as the key conceptual controversies concerning the latter. Three main aspects of human rights are underlined: philosophical, juridical and political ones. The relevance of the concepts of a person, human dignity and an autonomous subject appears clearly in the author's considerations. Further, postulating the universality of human rights unveils the vice of the liberal conception of human rights. Considered is also the tension between the idea of human rights, their institutional background and warranties in international context, where they are often purpose built and power-politically instrumentalized.
9
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PROTECTION OF HUMAN DIGNITY UNDER UE LAW AND THE CONSTITUTIONAL LIMITS OF COMPETENCE OF STATE AUTHORITIES

100%
Bosek L.
Przegląd Sejmowy
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2008
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issue 2(85)
61-91
EN
This article deals with the issue of protection of human dignity under EU law, in particular Article 1 and Chapter I of the Charter of Fundamental Rights. The underlying idea of the obligation to protect human dignity manifests itself in the obligation to respect everyone, even those who lack conscience or are not capable to feel pain, or unable to defend their rights by themselves, the obligation which determines the limits of autonomy and includes the prohibition against infringement of subjectivity and individuality (inalienability of dignity). The level of protection of human dignity under EU law was referred, in the article, to the standard of protection of human dignity specified in Poland's Constitution. Protection of human dignity is an underlying principle of Poland's Constitution, which cannot be violated by direct delegation of competence to the European Union. From the Constitution there ensue the following obligations of the Polish public authorities within the scope competence delegated to the EU: - to negotiate the content of agreements which provide a basis for the delegation of competence in such a way, that they would correspond, to the fullest possible extent, to the constitutional model of protection of individual rights. Failure to follow this procedure will make the act of delegation unconstitutional; - to undertake (by Polish representatives) action within legislative and opinion-making bodies, with an aim to accomplish the constitutional model of protection individual rights and, in particular, to refrain from action which would infringe constitutional standards. Failure to do so would result in constitutional accountability or penal responsibility; - bring actions before the European Court of Justice for the purpose of annulment of secondary legislation or for securing their interpretation in line with primary legislation corresponding with the main foundations of the constitutional model of human rights protection. Failure to do so would result in constitutional accountability; - to interpret, apply and perform the obligations imposed by Community law in a way that would conform with the constitutional model of individual rights protection.
10
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THE BASIC LAW IN THE LIGHT OF FUNDAMENTAL RIGHTS CONTAINED THEREIN (Ustawa zasadnicza w swietle ujetych w niej praw podstawowych)

100%
Grawert R.
Przegląd Sejmowy
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2009
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issue 6(95)
EN
The article provides an analysis of the formation and development of the provisions of the Basic Law concerning individual rights and freedoms. In the beginning, the authors of the Basic Law treated it as an interim constitutional instrument, which mostly relates to the above-mentioned issue. However, due to political developments, the FRG has existed several decades before German unification. As concerns individual freedoms, their stability and transformation have resulted from jurisprudence of the supreme courts, especially the Federal Constitutional Court, which not only explained the scope of particular constitutional freedoms, but also led to the recognition, on their basis, of some general principles, above all the principle of complete protection, covering all aspects of the individual's position and the necessity of such protection. Both the explanation of the scope of particular freedoms and examination of their mutual relations are currently founded on the recognition of an objective order of values underlying the constitutional regulation, of which the most important is the protection of human dignity. The problem faced today when interpreting fundamental rights is an increasing Europeanization and globalization of constitutional solutions. The structure of fundamental rights in the Basic Law has proved its effectiveness, enabling their further development and greatly affected the shape of the German state and society.
11

MORÁLNO-NORMATÍVNE ZDÔVODNENIE ĽUDSKÝCH PRÁV

100%
Foltin M.
Filozofia (Philosophy)
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2021
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vol. 76
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issue 1
46 – 58
EN
This paper presents and analyses the moral-normative sources of human rights. In this article, we analyse the philosophical sources of human rights that relate to the question of why human beings should be holders of human rights, regardless of whether specific legal claims can be derived from them at the legal level. The paper addresses three main normative sources of human rights: (a) secular claims of human dignity; (b) claims based on human needs and human nature; and (c) transcendental claims. The article points out the limitations of these philosophical resources and suggests why it may be suitable to accept human rights based on a pluralistic notion of human nature.
12
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SYSTEM OF PROTECTION OF FUNDAMENTAL RIGHTS IN THE FRG (System srodków ochrony praw podstawowych w RFN)

100%
Banaszak B., Zukowski L.
Przegląd Sejmowy
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2009
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issue 6(95)
EN
The Constitution of the FRG of 1949 accentuates, in a special way, the need to ensure effective means for the protection of individual rights and freedoms, drawing special attention to recourse to a court as a means of protection of violated fundamental rights (Article 19 paragraph 4). In the light of jurisprudence of the Federal Constitutional Court (FCC) the right of recourse to a court, as a separate public right protected by constitutional complaint, provides a 'norm that underlies the entire legal order'. It is also supplemented by a list of detailed guarantees of the proper shape of judicial procedure on the 'rights similar to fundamental rights', including the right to a statutory judge, right to be heard, prohibition on punishment without legal authority and the 'ne bis in idem' principle. In Europe, constitutional complaints have the longest period of application in Germany and Austria. Even if the implementation of this special means of judicial protection to the constitutional system (Article 93 paragraph 1(4a) of the Basic Law) has aroused great controversy, its was given a broad scope of material application. Moreover, the extent of fundament rights protection in the jurisprudence of the FCC was widened. In practice, the entirety of the norms ensuing from the Basic Law was made the basis for the Court's review. However, due to a large number of complaints, the FCC applied a more restrictive approach to statutory requirements, including the requirement to exhaust all legal remedies, thereby emphasizing exceptional character of constitutional complaints. The aim of further amendments of the Federal Constitutional Court Act was to introduce procedural solutions that can be used to select complaints before their consideration. Among the means of fundamental rights protection established by the Basic Law, of particular importance are extra-judicial means of protection. They include the right of petition specified expressly in Article 17 of the Basic Law which authorizes 'everyone' to address written 'requests' or 'complaints' to 'competent authorities' and to the 'representation of the nation'. The same category of means includes the right of petition to be addressed to the Parliamentary (Bundestag) Commissioner of the Armed Forces, who is a typical ombudsman of specialized nature having the powers to initiate and control enumeratively specified matters of military nature (Article 45b of the Basic Law). Moreover, a commissioner for personal data protection is appointed in relation to matters of personal data protection on the federal level. However, in the FRG there is no ombudsman of the Scandinavian type, responsible for a comprehensive (universal) protection of individual rights and freedoms.
13

LIBERALIZMUS, OBČIANSKE PRÁVA A EKONOMICKÁ NESLOBODA (K TUGENDHATOVEJ KONCEPCII ĽUDSKÝCH PRÁV V KONTEXTE ĽUDÍ SO ZDRAVOTNÝM ZNEVÝHODNENÍM)

88%
Muránsky M.
Filozofia (Philosophy)
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2019
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vol. 74
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issue 8
593 – 607
EN
The aim of the paper is to explain the normative ambivalent interconnection between civil rights and economic rights based on the example of people with disabilities. The article starts with the reference to two competing ideals of freedom in the human rights agenda, and the two meanings of the lack of freedom: while the libertarian normative ideal of lack of freedom means coercion by man (F. W. Hayek), the egalitarian liberal understanding of lack of freedom is extended to the lack of public capacity to acquire the personal ability to lead autonomous life and to the lack of opportunities to put these abilities into practice. In this case the original meaning of freedom is based on the interpretation of egalitarian dignity as formulated by Kant for the first time. Based on this normative ideal, the study further extends it to Tugendhatʼs concept of practical autonomy as a socially acquired ability and opportunity to lead an independent life, in the contrast to the one-sided dependency on impersonal, structurally given conditions of life. What practical autonomy in the case of disabled persons demonstrates is the connection between practical autonomy, human dignity and equal rights, which implies redistribution of public resources for help to self-help. This redistribution does not seem to be in conflict with the rest of human rights, with the serious exception of the right of property. The fate of the human rights agenda, democracy generally, depends on the resolvability of the fundamental conflict between the right of property and the right to live in dignity.
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PRÁVNA REGULÁCIA SEXIZMU V REKLAME – ZÁKLADNÉ VÝCHODISKÁ

88%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 2
99 – 115
EN
The presented article deals with the regulation of sexism in advertising, especially from the point of view of public law regulation. In the introduction, the author discusses the general definitions. Before the author proceeded to the analysis of the sexist elements in advertising practice, he defined the constitutional anchoring of the protection of advertising as such, as initially there were various controversies as to whether it is even possible to consider advertising as a means of exercising freedom of expression. The primary purpose of the article is to define the scope of the legal regulation of sexism in advertising in the Advertising Act and the method of application of the currently valid legislation by Slovak public authorities and courts. The author points to the jurisprudence of foreign courts and the European Court of Human Rights.
15

FENOMÉN ĽUDSKEJ DÔSTOJNOSTI, JEJ POJEM A VZŤAH K ĽUDSKÝM PRÁVAM

88%
Sedová T.
Filozofia (Philosophy)
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2021
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vol. 76
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issue 5
317 – 332
EN
The article deals with the issue of human dignity with regard to its relationship to the idea of human rights. The study is based on Arendt's understanding of human dignity as a normative expression of the position of man as a member of the political order and analyses the phenomenon of dignity and its transformation in the history of ideas, especially in connection with the concept of person. Special focus is on Kant’s approach and on the challenges for the thus formulated concept of human dignity with regard to the de-transcendentalization of Kant's autonomy and freedom in Habermas’s intention.
16

Odpowiedzialność za słowo w kontekście godności człowieka

88%
Drożdż A.
Studia Socialia Cracoviensia
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2010
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issue 2(3)
29-39
EN
By virtue of humanity man ought to be a responsible person. It is primarily a responsibility towards one’s conscience, towards God, and towards other people. Responsibility for one’s words is understood as the responsibility for the spoken word, written word, the words declared and propagated in the media. Also, the responsibility for “being real” in all human „testimonies”. By reason of being a human, man is always a witness, i.e. a „bearer” of and a „participant” in values, especially the values of the humanity of one’s own and of others. His responsibility is thus rooted in human dignity.
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ÚSKALIA EUTÉLIE. K PRÁCI L. BITÓA KNIHA O DOBREJ SMRTI. EUTÉLIA – EUTANÁZIA

75%
Smreková D.
Filozofia (Philosophy)
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2008
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vol. 63
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issue 9
798-803
EN
The contribution deals with L. Bito's concept of 'euthelia', which was suggested by him as a counterpart to 'euthanasia'. 'Euthelia', contrary to 'euthanasia', puts stress on good, meaningful end of life, free of death fear and anxiety. The originality of Bito's approach is in his trying to see the reflections on good death in the context of the reflections on good life. However, the authoress rejects to include optics of Bito's economical calculus concerning duties into these reflections. In her view the principles of human solidarity and human dignity make it impossible to prefer the concern for the offspring to the concern for the dying person. She argues that it is important to make the concept of the quality of life wide enough to encompass not only healthy and effective persons, but also those in terminal stages of their lives.
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K OTÁZKE POVAHY POJMOV V SOCIÁLNOM A HUMANITNOM POZNANÍ

75%
Sedová T.
Filozofia (Philosophy)
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2022
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vol. 77
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issue 7
491 – 509
EN
The study investigates the problems of the nature of concepts in social sciences and humanities. It is based on Gallieʼs thesis that these are essentially contested concepts that immanently include a value aspect, which makes them different from the concepts of natural sciences. Based on the characteristics of such concepts and their exemplification (capital, culture, human nature, human dignity), their conative, normative aspect is emphasized, which makes them significantly different from the concepts of empirical natural sciences. The article explores the open texture of empirical concepts and outlines the role of fictions. The conclusion provides a critical reflection of the trend of naturalization of concepts and its consequences for this area of knowledge.
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