The Child in Constitutional Rights and Freedoms of the Individual
The Child in Constitutional Rights and Freedoms of the Individual
Author(s): Klaudia Jastrzębska-WójcickaSubject(s): Constitutional Law, Human Rights and Humanitarian Law, Philosophy of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: rights of the child; best interests of the child; constitutional rights and freedoms of the individual;
Summary/Abstract: This study seeks to demonstrate how rights and freedoms of the child have been regulated in the area of Polish constitutional law. The author notices the legal subjectivity of the child and the fact of attaching the axiological priority to the value of dignity. Based on these observations, she finds that the child as a human being should enjoy the same scope of rights stemming from the very human essence and innate dignity of the child like an adult. The author also points out that the currently applicable Constitution of the Republic of Poland of 2 April 1997 does not define the concepts of "the child", "rights of the child", or "best interests of the child". The lack of an unambiguous definition of the concept of "the child" in the Polish Constitution has been critically assessed, as prompting a potential danger in this aspect, related to a redefinition of this concept.
Journal: Studia Iuridica Lublinensia
- Issue Year: 34/2025
- Issue No: 5
- Page Range: 93-102
- Page Count: 10
- Language: English
