Legal Aspects Related to the Protection of Seniors in Polish Society Cover Image

Prawne aspekty związane z ochroną seniorów w społeczeństwie polskim
Legal Aspects Related to the Protection of Seniors in Polish Society

Author(s): Kamil Lorek
Subject(s): Sociology of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: discrimination; care; right; family; seniors; property

Summary/Abstract: This article is devoted to the analysis of Polish legal regulations on the protection of the rights and dignity of older people who are a social group requiring special support. This need is due to natural changes in the body (e.g. psychical weakness, health, often also reduced mental capacity). Considerations begin with the content of the Constitution of the Republic of Poland in which the lack of norms in the protection of seniors can be discerned. First and foremost, there is no legal obligation for seniors to provide moral care. There is a completely different situation regarding minors, which may indicate discrimination against seniors. Then the regulations on the legal aspects of disposing of seniors with their property together with the case law in this area are indicated. There are doubts as to whether these regulations effectively and adequately guarantee the protection of the rights of seniors in the family. It has been described that although case law recognizes the special position of seniors in donation or life imprisonment relations, a deeper analysis shows that this is not always the case in the context of senior citizens’ exercise of their rights. Finally, the need for legislative changes was emphasized in order to ensure better protection of the dignity and rights of seniors.

  • Issue Year: 65/2018
  • Issue No: 2
  • Page Range: 129-145
  • Page Count: 17
  • Language: Polish