Inviolability and Integrity in the Draft of Book One of the Civil Code – an Examination of Laws Cover Image

Nietykalność i integralność w projekcie księgi pierwszej Kodeksu cywilnego – analiza prawnoporównawcza
Inviolability and Integrity in the Draft of Book One of the Civil Code – an Examination of Laws

Author(s): Aneta Kaźmierczyk, Kinga Michałowska
Subject(s): Economy
Published by: Wydawnictwo Uniwersytetu Ekonomicznego w Krakowie
Keywords: identity; integrity; invincibility; right of personality; privacy

Summary/Abstract: The study examines the issue of extending the proposed wording of article 21 in the draft of book one of the Civil Code on two closely related personal rights – inviolability and integrity. The proposed extension of the contents of the catalogue of personal rights confirms the position of the doctrine to this point in time as regards the need to guarantee the particular protection for individuals and the threat to the personal rights layed out therein. Done in accordance with international acts and documents and ETPC case law, the analysis leads to two main conclusions. First, the concept of integrity is undoubtedly rooted in basic human rights including dignity, freedom, and privacy; and, second, its scope is very broadly interpreted, allowing for a diversity of concepts and forms of integrity to be differentiated. These include biological, genetic, moral, and sexual integrity.

  • Issue Year: 948/2015
  • Issue No: 12
  • Page Range: 81-97
  • Page Count: 17
  • Language: Polish