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Prawa człowieka a prawa rodziny

100%

Mazurek F. J.

Roczniki Nauk Społecznych

2000-2001

vol. 28-29

issue 1

97-128

Human persons living in a family have universal and indivisible rights that are based on man's inborn dignity. From the philosophical point of view that dignity is a substantial, autonomous and self-defining being. From the legal point of view it is a physical subject. On the other hand, family, from the philosophical point of view, is a sui generis reality – an accidental being. Family is not recognised as a legal subject in the Polish family law or in the new Constitution (of April 2, 1997). In the Chart of Family Rights family is recognised as a subject of law. The Chart does not have a character of a legal document – it does not have a binding legal force – so it can be said that family only is a subject of morality and not of law. However, in the Pact of Economic, Social and Cultural Rights family is recognised as a subject of law. A two-plane relationship occurs here. The foundation of the rights of a human person is his inborn dignity, whereas the rights of family members are the foundation of family rights. They are not collective human rights but the rights of another subject, that is of family. Family has social, freedom and solidarity rights with corresponding correlative duties.

Prawo rodziców do wychowania dzieci zgodnie ze swoimi przekonaniami moralnymi i religijnymi w Karcie Praw Rodziny

67%

Tyl S.

Kościół i Prawo

2013

issue 2(15)

227-242

Charter of the Rights of the Family is a particular document issued by the Holy See in order to show the fundamental family’s rights, which should be respected and protected due to family is a natural community. The proper functioning of each family has significant meaning for both Church and state legislation. In particular, it should be noted that parents have a material impact on educating their children. The Holy See in the Charter of the Rights of the Family enumerated rights which should be guaranteed. The article includes analysis the Charter of the Rights of the Family formulated by the Holy See, particularly the parents’ right to educate their children in conformity with their moral and religious convictions. At the beginning the Author emphasised specific nature of the Charter of the Rights of the Family which expresses the thought of the Church in this field. It could be considered as sui generis document of the Holy See, partly doctrinal, partially normative. Natural law is primary source of the Charter of the Rights of the Family what was confirmed in the introduction to this document. The Holy See notices, that parents have the primary right to educate their children, because they have given birth their children. The Character of the Right of the Family does not define the concept of “family”, however family can realize their rights. There is characterized parents’ right to educate their children and the necessity of its protection. It should be emphasised that Holy See called on the states and international organisations to protect the family.

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1 Kościół i Prawo

1 Roczniki Nauk Społecznych

1 Mazurek F. J.

1 Tyl S.

1 2013

1 2001

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Prawa człowieka a prawa rodziny

Prawo rodziców do wychowania dzieci zgodnie ze swoimi przekonaniami moralnymi i religijnymi w Karcie Praw Rodziny