Refleksje nad prawem do prywatności więźniów w kontekście powierzchni mieszkalnej

• Authors: Halina Zięba-Załucka

Title variants

EN

REFLECTIONS ON THE PRISONERS’ RIGHT TO PRIVACY IN THE CONTEXT OF LIVING SPACE

• Languages of publication: PL

Abstracts

EN

The right to privacy is one of the fundamental rights of the modern constitution. Right to privacy includes the sphere associated with deprivation of liberty. The author says that there is no need to separate personal interest in the form of a right to a dignified imprisonment, because it contains the personal well-being, which is human dignity. The author on the background of the constitutional catalog of personal property shall render the Constitutional Court of 26 May 2008, which recognized the constitutional complaint of Jack G. concerning the lack of time limits placed prisoners in conditions where the cell area per person is less than 3 square meters. The Constitutional Court ruled that in exceptional situations (eg, building disaster in prison) is possible to embed prisoners for less than the standard 3m in short periods. The rules place the offender temporarily in a smaller cell but clearly defined. The author also emphasizes that the result of judgment of the Tribunal in May 2008. was the resolution of seven judges of the Supreme Court of 18 October 2011 at the request of the President of the Supreme Court in the application dated 30 March 2011 (BSA V-4110-2/11), which asked „Does placing a prisoner in a cell with an area for one person less than 3 square meters it is a violation of personal rights, whether the premise of compensation referred to in art. 448 of the Civil Code in this case is only unlawful or the guilt?” Now the Supreme Court arising from the article 77 paragraph 1 of the Constitution and article 417 of the Civil Code found that the make good damage caused by unlawful action of public authority also includes non-pecuniary damage (harm) in terms of article 448 of the Civil Code, and the fault is not a condition of the State Treasury pursuant to article 448 of the Civil Code. In the text we find the comments indicating a need for sanctions and measures of freedom and the idea that any circumstances, even the emergency can’t be an obstacle to respect the human dignity.

Keywords

EN

right to privacy; prisoner; human dignity; living area; constitutional court

• Publisher: LexisNexis Polska Sp. z o.o., Warsaw, Poland
• Journal: Przegląd Prawa Publicznego
• Year: 2012
• Issue: 6
• Pages: 7-19

Contributors

author

Halina Zięba-Załucka

• Wyższa Szkoła Informatyki i Zarządzania, Katedra Prawa Konstytucyjnego, 35-225 Rzeszów, ul. Sucharskiego 2