Search results

1

Reklama dziecięca w świetle prawa

100%

Nowińska E.

Psychologia Rozwojowa

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2012

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vol. 17

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issue 1

77-84

EN

Children consist the significant part of commercial recipients and as a consumers have a great importance for companies. At the same time commercials have significant and multidimensional influence on children. It is truism to say that adults make their buy or not decisions under the pressure of their children, who obtain the knowledge about the market and products straight from the commercials. They receive the commercial content from plethora of media. Until recently mostly from the TV screen, nowadays more often from computer one. If we take into account that commercials are at the same time the instrument of creation of needs, pointer of their fulfillment, trendsetter and identity builder we can not be blind on its significance for the personality of young men. Because of the obvious commercial reasons there is no possibility to eliminate the products and the children addressed advertising out of the market. However this do not mean we should no constrain such broadcasts because of their form or content. That is the main reason to construct legal constrains. The fundamental ones are included in regulations fighting the unfair competition. In the Polish unfair competition act legislator included the ‘commercial’ article 16 combating forms and contents that infringe the fair competition rules. One of the clauses prohibits advertising that ‘uses the credulity of the children’ – pt 3) pt 1 art. 16 unfair competition act. This is solely one clause within whole act that tackles this issue. Additionally it’s construction causes doubts about the interpretation. It is hard to asses when actually one can say about the use of immanent children virtue of credulity. Another, important act is the statue on the radio and television containing clauses directly regulating rules on children advertising. According to the act it is prohibited to broadcast commercials that directly incite children to buy products or services, or encourage children to uphold pressure on their parents or other persons in the aim to incite them to buy advertised products or services (art. 16). Among the most important regulation falls provisions of pharmaceutical law. According to them “Advertising of healing product can not be directed to children or contain element addressed to them” (art. 53 p. 2). However even short analyze of tv commercials of healing products for children leads to the conclusion that almost each is apparently addressed to them taking into account their content, fairytale scenery, costumes or children actors. Above leads to the conclusions that even the most detail regulation does not prevent children against harming influence of commercial content, if the traders would not have will to do it.

2

Marxism, Socialism and Democracy

100%

Llorente R.

Dialogue and Universalism

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2018

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issue 3

141-154

EN

Karl Marx and Friedrich Engels believed that their political project involved a com-mitment to democracy, and many subsequent Marxists have claimed that Marxism’s conception of socialism and communism represents a supremely democratic social arrangement. Many of Marxism’s critics, however, reject this belief, holding that the Marxist conception of socialism and communism entails anti-democratic policies, prac-tices and institutions. While the position of Marxism’s critics is, without question, the predominant view today, it turns out that the arguments used to support this position are highly problematic, insofar as they proceed from certain liberal-democratic assumptions about democracy that Marxists can reasonably reject.

3

Prawa osób pozbawionych wolności w świetle Konstytucji RP i Kodeksu karnego wykonawczego

100%

Myrna B.

Nowa kodyfikacja prawa karnego

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2013

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vol. 30

207 - 220

EN

The article is an analysis of the rights of people sentenced to imprisonment specified in the Constitution and the Implementing Criminal Code. Referring to the two legal instruments, the author examines the rights of prisoners, people sentenced to militarycustody, people convicted of and sentenced for petty offences, people under arrest as well as detainees.

4

The rights of children with disabilities in Poland

100%

Nowak A.

Problemy Opiekuńczo-Wychowawcze

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2020

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vol. 588(3)

3-15

EN

The article draws attention to the legal situation (regarding legal capacity as well as determining the disability status of a child up to 16 years of age, and the degree of disability in children aged 16–18) as well as the social situation of children with disabilities. The most important international legal acts, from the perspective of the rights of children with disabilities, were overviewed. These acts recognize children with disabilities as a special risk group, persons who encounter many barriers in their functioning, who are marginalized and threatened with exclusion. The most important goal set out in the human rights and children's rights acts, regarding children with disabilities, is to involve them in social life/participation, and to care for their best interests and wellbeing in accordance with the principles of individualization, non-discrimination and equal opportunities. Children with disabilities should be treated as subjects of upbringing, care and educational activities, their rights should be recognized, their dignity and individuality should be respected, and they should have a possibility of using a responsible representative, who cares for their best interests, i.e. a parent or guardian. The Polish legislation on the rights of children with disabilities, including the right to education of these children, have been enumerated. Selected issues concerning the education of children with disabilities have been analysed. The article lists the actions that the Ombudsman for Children took in 2017 to protect the rights of children with disabilities, in particular their right to life and health protection, the right to being raised in a family, the right to decent social conditions, the right to education, and the right to protection against violence, cruelty, exploitation, demoralization, neglect and other ill-treatment. The tasks of the Government Plenipotentiary for Equal Treatment and the Ombudsman concerning the protection of the rights of children with disabilities have been presented.

5

The noticeable increase in the importance of consensus in criminal proceedings including cases of petty offences, prompted reflection on the institutions allowing legal proceedings to be terminated without full evidence investigation. Undoubtedly, this simplification affects the pace of legal proceedings, and hence their economy. However, we cannot also overlook its influence on the more efficient implementation of the compensation function of a trial, as well as the greater subjective acceptability of the judicial decision by the parties of legal proceedings. The author of the following paper analyzes institutions of consensual resolving of disputes in legal proceedings concerning petty offences, pointing to the pros and cons of applying such a solution.

88%

Liżyńska K.

Nowa kodyfikacja prawa karnego

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2017

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vol. 46

123-135

EN

The noticeable increase in the importance of consensus in criminal proceedings including cases of petty offences, prompted reflection on the institutions allowing legal proceedings to be terminated without full evidence investigation. Undoubtedly, this simplification affects the pace of legal proceedings, and hence their economy. However, we cannot also overlook its influence on the more efficient implementation of the compensation function of a trial, as well as the greater subjective acceptability of the judicial decision by the parties of legal proceedings. The author of the following paper analyzes institutions of consensual resolving of disputes in legal proceedings concerning petty offences, pointing to the pros and cons of applying such a solution.

6

FromMilligantoBoumediene:Three Models of Emergency Jurisprudence in the American Supreme Court

88%

Hartz E.

Baltic Journal of Law & Politics

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2010

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vol. 3

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issue 2

69-97

EN

This article aims to bring philosophical and legal aspects of the discussions of the problem of emergency together by employing classic philosophical views on the problem of emergency to categorize dominating paradigms of legal interpretation in the American Supreme Court.In the first part of the article I review the American Supreme Court's case-history and single out three dominating legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. I argue that the procedural model has been by far the most influential.In the second part of the article I ask how this precedence has played out in the context of terrorism cases. I argue that the first four cases that were brought against the government confirmed the procedural model as the Court's primary model for evaluating legal problems related to emergencies. But I also argue that the Court's latest decision on this issue, Boumediene v. Bush from 2008, introduces a shift from the previous general tendency to rely primarily on a procedural model towards including substantial rights concerns.

7

PROTECTION OF PATIENT RIGHTS BY THE PATIENT RIGHTS OMBUDSMAN

88%

Jacek A., Ożóg K.

Review of European and Comparative Law

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2016

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vol. 24

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issue 1

9-22

PL

The Patient Rights Ombudsman has become another body for the investiga-tion of patients’ claims . For independence from the State bodies, the Ombudsman should be a single, term-limited body appointed and dismissed by the Sejm . He can pass the case to the public prosecutor’s office, appoint experts and request for expertise . To sum up, the Ombudsman is one of the mechanisms to ensure respect for patient rights . However, the act on PR does not limit the scope of the constitu-tional powers of ombudsmen, who may also take action in the area of health pro-tection . The ombudsman can ask them to take action within their competence . The analysis of the reports of the Office of the Patient Rights Ombudsman and the views of the representatives of the doctrine of patient rights, allows to draw some conclusions concerning the violations of the rights of patients . A particu-larly widespread phenomenon was violation of the right to consent to the provi-sion of health benefits, as well as restricting access to health services . Medical personnel do not respect the rights of the patient to the respect for their intimacy and dignity, and the right to information . Patients are not aware of the process and way of treatment and do not know the refund policy . Most cases of violations in Poland was due to ignorance of the applicable laws . Patients’ claims relating to their rights will improve the quality of provided health benefits and determine the 10position of the patient as an equal participant in the health system . Patients have unparalleled access to medical knowledge via modern means of communication, they have never had such possibilities for controlling the regularity of medical actions . The effect of these changes is an increase in the number of claims against the medical staff the entities providing medical services . To sum up, the execution of patient rights requires continuous education among medical personnel, which should be carried out on the initiative of the heads of the entities and professional authorities . We should also improve awareness of patients by conducting national information and communication actions.

8

Shaping the faces of the prism: Rights, supports, and quality of life for enhancing inclusive education opportunities in students with intellectual disability

88%

Amor González A. M., Fernández Sánchez M., Verdugo Alonso M. Á., Aza A., Schalock R. L.

Człowiek - Niepełnosprawność - Społeczeństwo

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2020

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vol. 49(3)

5-33

EN

Although inclusive education has evolved from a general principle to a recognized right, a quality inclusive education is still not a reality for students with intellectual disability. In this article, we discuss three approaches that can bridge the gap between “what is” current education of these students and “what should be”. First, we address the underpinnings of Article 24 of the United Nation’s Convention on the Rights of Persons with Disabilities a nd its i mplication for educational systems concerning placement and goals to achieve in these students. Second, we provide a general overview of the supports paradigm and its conceptual and practical implications regarding inclusive education. Third, we present a quality of life model as a value-based and evidence-driven framework to enhance inclusive opportunities in students with intellectual disability and to support decision-making in education from a “whole child approach”. Finally, we provide a comprehensive, systematic framework that brings these three approaches together to improve students’ outcomes linked to the goals of access, participation, learning, and development.

9

Rationality as the condition of individual rights in David Gauthier’s "Morals by Agreement"

88%

Saar M.

Acta Universitatis Lodziensis. Folia Philosophica. Ethica – Aesthetica – Practica

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2021

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issue 38

115-130

EN

The topic of this paper is the foundation for individual rights proposed by David Gauthier in his seminal 1986 book Morals by Agreement, and particularly the role of conception of rationality in this foundation. The foundation of rights is a part of Gauthier’s broader enterprise: to ground morals in rationality – more specifically, in the economic conception of rationality. Because of the importance of this conception for the whole of Gauthier’s project, we reconstruct first the conception of rationality which can be found in decision theory and game theory, presenting simultaneously in a relatively non-technical way some basic concepts of the aforementioned disciplines. We proceed then to reconstruction of the foundation of rights itself – it turns on Gauthier’s interpretation of the so-called “Lockean proviso.” Lastly, we turn to the connection between rationality and foundation of rights. It is to be found in the narrow compliance – the disposition to enter only into cooperation which satisfies conditions of fairness set out in part by the Lockean proviso.

10

The Thomistic Perception of the Person and Human Rights

88%

Procopiou E.

Studia Gilsoniana

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2017

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vol. 6

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issue 1

131-152

EN

The idea of human rights is connected to the modern perception of law founded on subjectivity, in the context of which rights are authorizations of individual action versus a higher authority, resulting in a subjectivity of law. The huge importance of the thomistic perception of the person is connected with the issue of relations between the individual and society, as well as relations between law and state, since Thomas Aquinas foresaw what we call ‘rights of man’. Thus, the person, in a metaphysical context, is associated with natural order, since natural sociability forms the basis of a person’s supernatural fulfillment. Because of his social nature, the person is also a carrier of social relations and a product of his own encounter with other persons. In this way, Thomas Aquinas makes a synthesis of man per se, as part of mankind, and man as a person vis-à-vis others in the sphere of justice, consisting ‘in rendering to each one his right’. Ius is a relation of justice concerning what is right (iustum) from the point of view of the other, “to whom something is due.” Aquinas can be considered a forerunner of human rights of the modern era, as demonstrated by the issue of natural equity, the issue of unjust law and obedience and the issue of political legitimization. In this framework, “human” or “natural” rights are considered moral rights. However, in the sphere of law they are perceived only within the community and common good, by no means constituting exclusive and absolute rights but only rights corresponding with duties and obligations. The Thomistic approach expresses both the free side of man vis-à-vis the state and its structures (in the spiritual level) and the egalitarian demand of law within social relations. Furthermore, it places the sphere of law on the background of common good and common interest. The Thomistic approach of the human person is a response to the modern perception of legal subjectivity and the priority of individuals, associated with the ideology of rights and leading to a confrontation of individual and society and a division of man to natural man and citizen, a product of the antithesis between society and state.

11

Uprawnienia Żandarmerii Wojskowej w stosunku do żołnierzy kierujących pojazdami sił zbrojnych RP

75%

Tokarski M.

Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy

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2014

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issue 1(10)

XX

A growing number of motor vehicles, as well as increased dynamics encountered on public roads, unquestionably result in a higher risk exposure among their various users. For this reason, the task of defining normative regulations which would limit the freedom of using public roads by soldiers – drivers of motor vehicles, was entrusted with the main legislative and administrative authorities, one of the main measures being to authorise the Military Police to inspect soldiers in active military Service to check if they respect traffic law regulations.

12

Godność ludzka a prawa człowieka w ujęciu Roberta Spaemanna

75%

Kożuchowski J.

Studia Philosophica Wratislaviensia

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2020

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vol. 15

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issue 1

131 - 145

EN

The article presents Robert Spaemann’s position on two directly related issues: human dignity and human rights. While Spaemann spoke directly about human dignity on many occasions, he raised the question of human rights, rather incidentally, in several contexts, especially the question of human dignity, in order to indicate the adequate source of the ideas underlying these rights (ontological dignity), its importance in our times, and to define some ways of implementing them. These issues are discussed in the article. The considerations are devoted predominantly to the problem of human dignity as a “pra-phenomenon.” The issue of dignity in the ontic sense (especially the assertion of what it is and what kind of argumentation supports its recognition in every human being) is discussed from the point of view of contemporary debates. The author also specifies how the inviolability of dignity, in both the moral and the ontic sense, should be understood, which is a problem Spaemann did not directly address.

13

Karta praw osób starszych dotycząca ich udziału w badaniach klinicznych

75%

Szczerbińska K., Zalewski Z., Oristrell Salvà J.

Zdrowie Publiczne i Zarządzanie

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2011

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vol. 9

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issue 1

119-127

EN

The results of initial literature review indicate that elderly persons are underrepresented in the clinical trials on which clinical recommendations are based. This gave stimulus to perform the ‘Increasing the PaRticipation of the ElDerly In Clinical Trials’ (PREDICT) project, financed by the EU within the FP7. The goal of the PREDICT was to study reasons why older people are excluded from clinical trials based on age-related criteria and development of the charter including recommendations to prevent their exclusion. The project gathered investigators from 11 institutions in 9 countries: Czech Republic, Israel, Italy, Lithuania, the Netherlands, Poland, Romania, Spain, and the UK. Within the scope of PREDICT, first, to assess the scope of the problem the systematic review of literature was performed, then the opinion shared by the health care professionals, ethicists, and representatives of pharmaceutical industry on the possible reasons of underrepresentation of old people in trials was examined, then finally the opinion of elderly patients and their caregivers were assessed. The analysis of gathered data enabled creation of PREDICT charter which contains recommendations aiming to increase the participation of elderly people in clinical trials

14

The supreme court of Canada and the offender’s right to be transferred to serve his sentence in Canada: interpreting the international transfer of offenders act in light of Canada’s national and international human rights obligations

75%

Mujuzi J. D.

Baltic Journal of Law & Politics

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2013

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vol. 6

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issue 2

102-123

EN

In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the Charter, which grants Canadians the right to enter Canada was violated in a case where the Minister of Public Safety and Emergency Preparedness declined to consent to the transfer of a Canadian citizen to serve his sentence in Canada where the sentencing state had consented to the transfer. Another issue was whether sections 8(1) and 10(1)(a) and 10(2)(a) of the International Transfer of Offenders Act, which granted the Minister the discretion to consent or not to consent to the transfer, were contrary to section 6(1) of the Charter. In resolving the above issues, the Court referred to its earlier jurisprudence, academic publications and international law. Although the Court agreed with the government that the appeal was moot because the appellant had left the USA by the time it was heard, it held that it retained “a residual discretion to decide the merits of a moot appeal if the issues raised are of public importance” and that this case was one of public importance because “[t]he issues are likely to recur in the future and there is some uncertainty resulting from conflicting decisions in the Federal Court.” The purpose of this article is to highlight the interpretative tools invoked by the court and the implications of the judgement.

15

The child as citizen: holder of rights and competent. The Reggio Emilia educational experience

75%

Rinaldi C.

Miscellanea Historico-Iuridica

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2020

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vol. 19

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issue 1

11-22

EN

The Convention on the Rights of the Child, approved by the General Assembly of the United Nations on 20 November 1989, states in Article 2 that “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.” Therefore, the child becomes a citizen from birth and is competent to learn from birth. Competent in learning, asking questions, seeking answers, and generating a culture of their own. By affirming the right to be recognised as a citizen of the present, competent, culture-generating, we affirm the strength and extraordinary potential of the child and their right to express it. Infant-toddler centres and preschools are excellent educational places, where to build the paradigm of care and community for the child as citizen. Not all-encompassing places for education, but essential. They help to process, rework and update childhood data, to define childhood and to be defined by them and to define societies. It is not just the care of the child, it is the child’s culture, it is the child’s look at the world, their generative whys. The great cultural and political “revolution” of the last century – never completely accomplished – is making children active protagonists, leaving them their autonomy, considering them as holders of rights and culture. But now we know that society needs its childhood, too.

16

Legal status of the parliamentary opposition in European countries: opportunities for Ukraine

75%

Zozulia O., Zozulia I., Melnychuk S., Luts L.

The Lawyer Quarterly

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2022

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vol. 12

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issue 1

20-36

EN

Various effective models of parliamentary opposition have been implemented in European countries. Depending on the form of state government and political system, they differ in the degree of institutionalization of the parliamentary opposition, its role in lawmaking, and the ways it controls activities of the majority and the government. The development of the institution of parliamentary opposition based on the positive experience of European countries is an important condition for the evolution of parliamentary democracy in Ukraine within the framework of its European integration. This requires a synthesis of the advantages of different models of parliamentary opposition with due regard to the current realities, namely, the form of the government and political system of Ukraine as an Eastern European, post-Soviet country. The main principles of development of the institution of parliamentary opposition shall be as follows: to distinguish the status of majority and opposition, to ensure a balance of their rights and obligations, and to take into consideration the interests of the minority when exercising of power by the parliamentary majority. Besides, the legislative recognition of the parliamentary opposition in Ukraine shall contribute to its institutionalization, recognition of role of the parliamentary opposition as a political actor, as well as normalization of relations with the parliamentary coalition.

17

Publiczne prawa podmiotowe a obowiązki i uprawnienia.

75%

Aleksandra M.-M.

Acta Iuris Stetinensis

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2014

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issue 7

PL

Publiczne prawa podmiotowe należą do jednych z podstawowych pojęć prawnych. Pojawiają się na rożnych płaszczyznach badawczych, pełnią także różne role w prawie cywilnym, w prawie administracyjnym czy też w prawoznawstwie. Chociaż rozwijały się pod wpływem doktryny prawa cywilnego, obecnie są także istotną konstrukcją prawną w prawie administracyjnym i w prawie konstytucyjnym. Treścią praw podmiotowych jest możliwość żądania określonego zachowania się podmiotu, w takim znaczeniu będzie również żądanie pomiotu uprawnionego do określonego zachowania się przez państwo.

EN

The concept of individual rights as one of fundamental concepts of jurisprudence has been developed from various points of view including different research platforms and contents. Even a casual contact with the concept of legal rights makes one certain that, in fact, there are different roles this fully conceptual category functions in jurispru¬dence, civil and administrative law. Because of this assumption it is necessary to focus attention on the issue of in¬dividual legal rights in the above mentioned divisions of law. Individual legal rights evolved under the doctrine of civil law and are now their fundamental assumption. They are currently the legal structure of both administrative and constitutional law what justi¬fies using the term ‘public’. The rights and freedoms as set out in the Constitution of the Republic of Poland are the fundamental public legal rights due to both their structure and content. One should not identify public individual rights with legal norms because public individual law results from the interpretation of legal norm as far as the individual is concerned. After establishing of such a law it is necessary to cover the area of social life with administrative law regulation. Public individual law involves a certain conduct by the entity administered. The manifestation of this law are not duties but rights of the entity administered.

18

ANIMAL LAW: ETHICS, SOCIETY AND CONSTITUTIONS

75%

PIETRZYKOWSKI T.

Society Register

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2019

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vol. 3

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issue 3

151-158

EN

The paper discusses and criticizes views on various aspects of the situations of animals within human societies offered by authors presenting at the seminar held at the Research Centre for Public Policy and Regulatory Governance. They include legal, ethical as well as socio-psychological problems about animal welfare and the attempts to improve the conditions in which animals are treated. The author hints at the theoretical background as well as implications of some of the ideas that are advocated in the ongoing legal and ethical debates over animal welfare. The discussion aims to shed some light on how the cross-disciplinary studies and exchanges that include biologists, psychologists, sociologists as well as legal researchers may contribute to numerous controversies in the contemporary animal law scholarship.

19

Praca jako proces transformacji ku integralnemu rozwojowi człowieka w świecie prawa i praktyki probacyjnej

75%

Bałandynowicz A.

Labor et Educatio

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2016

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issue 4

105-120

PL

Prawo obejmuje 3 typowe obszary regulacji własności stanowiące o jej zakresie. Należą do nich fakty społeczne, wartości moralne oraz kluczowe pojęcia. Fakty społeczne odpowiadają za warstwę społeczną i uznają prawo lub określają jego istnienie. Wartości moralne, stanowiące obszar aksjologiczny prawa, decydują o jego treści i poszanowaniu dla prawa w oparciu o wiarę lub dumę. Polepszeniu polityki karnej służą sankcje pośrednie, oparte na ograniczeniu wolności, jak również opracowanie katalogu środków probacyjnych – sankcji karnych w oparciu o nadzór w zakresie ograniczenia wolności, związany z podejmowaniem zadań w środowisku życia społecznego i zawodowego.

EN

The law includes three standard spheres of the regulation of property determining its scope. These are: social facts, moral values and key concepts. Social facts determine the social layer and recognize the right or determine its existence. Moral values constituting the axiological sphere of law decide about its content material and respect for it, leaning on faith or pride. To improve the penal policy, we can use penalty intermediate-criminal sanctions based on restricting freedom, and develop a catalog of probation measures – criminal sanctions based on freedom supervision, associated with undertaking the tasks of social and professional life in the environment.

20

Uregulowania prawne dotyczące mniejszości narodowych i etnicznych we współczesnej Polsce

75%

Baranowska G.

Przegląd Zachodni

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2013

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issue 3(348)

31-45

EN

In Poland national and ethnic minorities are protected by law and enjoy numerous rights especially in the sphere of language, education and culture. The basic document that regulates the status of minorities and grants them their respective rights is the Act of 6 January 2005 on National and Ethnic Minorities and on the Regional Language, which endorses the constitutional principle of nondiscrimination on grounds of belonging to a national or ethnic minority and grants the minorities rights connected with education, culture and the use of language. The object of the article is to present the legal regulations pertaining to the protection of national and ethnic minorities, and to highlight some problem areas. Considerations include the definition of national and ethnic minority, the principle of equality before the law, rights connected with education, culture and language as well as privileges concerning election law.

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Reklama dziecięca w świetle prawa

Marxism, Socialism and Democracy

Prawa osób pozbawionych wolności w świetle Konstytucji RP i Kodeksu karnego wykonawczego

The rights of children with disabilities in Poland

FromMilligantoBoumediene:Three Models of Emergency Jurisprudence in the American Supreme Court

PROTECTION OF PATIENT RIGHTS BY THE PATIENT RIGHTS OMBUDSMAN

Shaping the faces of the prism: Rights, supports, and quality of life for enhancing inclusive education opportunities in students with intellectual disability

Rationality as the condition of individual rights in David Gauthier’s "Morals by Agreement"