PLMET:

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Alternative title:

Fundamental Rights in the Constitution of the Republic of Poland and in the Basic Law of the Federal Republic of Germany

ORCID:

0000-0003-0949-6930

Subject and Keywords:

the Constitution of the Republic of Poland   the Basic Law of the Federal Republic of Germany   fundamental rights   obligations of citizens towards the state

Description:

Tyt. zeszytu: Orient daleki i bliski = Orient far and near

Abstract:

The purpose of the article is to compare regulations regarding fundamental rights in the Polish Constitution and the Basic Law of the Federal Republic of Germany. Human rights are natural, innate and unchanged rights that everyone can demand to be respected by the society in which they live. The Constitution of the Republic of Poland devotes 45 articles to them, while the German one 19. The differences in numbers are the result of the fact that the German Constitution of 1949 was only valid until the unification of Germany, and therefore limited rights of the individual in a limited way. The Polish Constitution, adopted in 1997, took over some of the solutions from the German Basic Law, including fully incorporated the article on the issue of human dignity. As a later one, it contains new laws that were omitted from the German Constitution, including the right to protection of personal data, prohibition of medical experiments, without voluntary consent, consumer protection. The German Constitution does not devote any of its articles to the protection of national minorities. It also did not guarantee that the war crimes and crimes against humanity would not be time-barred or that safe and hygienic working conditions would be provided. Some fundamental rights, although appearing in both Constitutions, have been regulated differently, e.g. children's rights. Unification of fundamental rights is guaranteed, however, by international agreements signed by both countries, including Universal Declaration of Human Rights of 1948. Although the Basic Law of Germany narrows the fundamental rights of the individual to the constitution of the Republic of Poland, German law is one of those legal systems that has the greatest impact on shaping legislation in other countries.

Place of publishing:

Wrocław

Publisher:

Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Date issued:

2020

Date copyrighted:

2020

Resource Type:

text

Detailed Type:

article

Identifier:

doi:10.34616/139089   ISSN 2080-332X   ISBN 978-83-65158-18-5

Language:

pol

Abstract Language :

eng

Relation:

Wrocławskie Studia Erazmiańskie. 2020, 14, s. 170-209

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Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Pracownia Badań Praw Orientalnych, Katedra Doktryn Politycznych i Prawnych Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego & Authors

Autor opisu:

WR U/PAdal