The Right to Receive Walfare Benefits in the Light of the Polish Constitution Cover Image

Prawo do świadczeń z pomocy społecznej w świetle Konstytucji RP
The Right to Receive Walfare Benefits in the Light of the Polish Constitution

Author(s): Maciej P. Gapski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: social assistance; social benefit; dignity; the principle of subsidiarity; the principle of social justice

Summary/Abstract: The welfare benefit is a fundamental institution of social assistance law or even entire social security law. The Constitution of Republic of Poland does not grant the citizens a direct right to social assistance or a specific benefit. Nevertheless, it is possible to indicate the constitutional principles, norms and values that relate to the subject in question. Among all the values and norms set forth in the Constitution relating to the social sphere of individuals, special attention should be drawn to the dignity of the human being, which is the foundation of all freedoms and rights, as well as the principle of subsidiarity and social justice. As far as the principles and values are concerned, the constitution guarantees every citizen the right to a welfare benefit which ensures subsistence but provided only for persons who, for objective reasons, cannot afford to protect themselves on their own. The transfer of public funds from taxes should also take into account the rules relating to the sustainability of the public finance sector.

  • Issue Year: 2018
  • Issue No: 4
  • Page Range: 186-199
  • Page Count: 14
  • Language: Polish