Pojęcie "osoba niepełnosprawna" na gruncie Konstytucji RP
The concept of „disabled person” under the Constitution of the Republic of Poland

Summary/Abstract: Objectives: The Constitution of the Republic of Poland does not define the concept of "disabled person" or "disability". These are ambiguous terms referring to various functional limitations that appear in every population of people in the world. The aim of the article is to determine whether the current concept of "disabled person" included in the Constitution of the Republic of Poland is correctly formulated, or whether this term is incompatible with, or even deviates from, applicable social standards, which are aimed at integrating and not stigmatizing and separating such people, which should result in its amendment by adopting the term "person with a disability". Material and methods: The basic research method used in the article is the dogmatic and legal method, which involves the interpretation of regulations based on commonly used methods of interpreting normative texts, mainly linguistic and functional interpretation. The comparative method was also used to present the non-uniform formulation of the phrase "disability" in selected constitutions of European countries. Results: It was indicated that there is a need to reorient the phrase "disabled person" to the concept of "person with disability" in the Polish legal system. However, to do this, it would be necessary to start with the Constitution, which uses the term "disabled person" but also the anachronistic phrase "disability". Conclusions: Consequently, both phrases should be replaced with a concept that will be consistent with the expectations of people with disabilities, giving them a sense of dignity and social acceptance, and at the same time will be consistent with current social standards in order to integrate rather than stigmatize and separate such people.

• Details
• Contents