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EN
The issue of children’s rights is extensive and multi-threaded. Studies on this subject show different perspectives and views, referring to various areas of children’s functioning and development. The article presents the perspective of children’s rights in the activities of organizations, local governments, educational and culture institutions on the 30th anniversary of the adoption of the Convention on the Rights of the Child. The Declaration of the Rights of the Child was created, adopted on November 20, 1959 by the United Nations General Assembly, which developed the scope of children’s rights. However, it still had no legal value. It was only the Convention on the Rights of the Child, established on the initiative of Poland on November 20, 1989, that became a global constitution protecting children all over the world. The events related to the 30th anniversary of the adoption of the Convention became the culmination of the contemporary activities undertaken to mobilize the entire society to fight for children’s rights. These initiatives enabled the presentation of positions and views on the issue of the child. In a broad sense, they allowed the possibility of implementing program changes to improve the situation of children not only in Poland, but also in the world.
EN
The Convention on the Rights of the Child is the first international document concerning children. It is called a global constitution of children’s rights, because it contains an extensive catalogue of young people’s rights. Poland’s influence on the adoption of this document is the greatest Polish achievement in the international area of protection of the youngest. Poland was the first to put forward a draft of the Convention and its final version is based on that draft. Adoption of the Convention was the impetus for transformations in consciousness and law, especially in the creation of child’s subjectivity. The Convention has set universal standards to protect rights of the youngest citizens and it is the greatest Polish contribution to the field of human rights.
The Lawyer Quarterly
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2017
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vol. 7
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issue 4
231-242
EN
New technologies, particularly in the field of medical research, significantly affect the currently used model of social-law protection of motherhood and parenthood not only in the field of labour law but also in the field of social security law. The current model of social-law protection of motherhood and parenthood covers only the typical situations when a woman becomes pregnant by natural means, gives birth to the child and postpartum will start to care for their child. Under the current legal status such a woman (after giving birth or potentially a man) is entitled to a special legal protection not only according to the Slovak law but also under the law of the Czech Republic and the EU law. Few years ago, there have been continuously growing cases of surrogate motherhood, where a surrogate mother has carried a fetus and after the child is born she hands it over to the care of an intended mother under a special civil-law contract. Although most of the legislations of the EU member states do not regulate surrogacy, labour law and social security law must give solutions of social-law consequences of surrogate motherhood even regardless of whether the civil code provides for surrogacy any adequate legal framework. The proliferating cases of surrogate motherhood have been already addressed by a new case law of the ECJ under which the specific protection of a mother corresponds only to a pregnant woman who gave birth to a child. The increasing frequency of cases of surrogate motherhood will especially require in the near future from the legislators to provide a certain part of the social-law protection to the surrogate mother at the time of her pregnancy, at birth and shortly after the birth, and a part of this protection shall be provided also to the intended mother that will take the baby into her custody after the birth.
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