scholarly journals The right to abortion in Poland in the light of the Constitutional Tribunal’s judgment of 22 October 2020

2021 ◽  
Vol 29 ◽  
pp. 419-440
Author(s):  
Dominika Tykwińska-Rutkowska
Keyword(s):  
Family Planning ◽  
Social Effects ◽  
Human Foetus ◽  
Constitutional Tribunal ◽  
The Right

The article presents the conditions for exercising the right to abortion in Poland following the entry into force of the judgment of the Constitutional Tribunal of 22 October 2020, ref. no. K 1/20 (Journal of Laws “Dziennik Ustaw” of 2021, item 175), declaring unconstitutional those provisions of the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions of Permissibility of Abortion, which provided for the possibility to terminate a pregnancy due to defects in the development of the foetus. Moreover, the publication presents the arguments which were invoked in the analysed judgment and indicates its legal and social effects.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 14 grudnia 2017 r., sygn. akt K 17/14

2021 ◽  
Vol 1(162) ◽  
pp. 179-191
Author(s):  
Justyna Karaźniewicz
Keyword(s):  
Narrow Scope ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Laws And Regulations

In the commented judgment, the Constitutional Tribunal stated that the provisions of laws and regulations providing for the right of officers of many services to search a person or carry out a personal inspection are inconsistent with the Constitution of the Republic of Poland. The inappropriate division of regulations between laws and sub-statutory acts, violating the constitutional requirement of specifying the principles and procedure of limiting the rights and freedoms of the individual at the level of a law, was rightly questioned. The Tribunal also referred to the obligation to ensure effective mechanisms of protection of individuals against unjustified interference with their rights through the introduction of effective measures of appeal against undertaken actions. Due to the narrow scope of the Ombudsman’s request initiating proceedings before the Tribunal, the consideration was limited only to certain aspects of searches and personal inspection. However, valuable, albeit fragmentary, references to the essence of these activities and their normative shape, desirable from the constitutional perspective, can be found in the judgement.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 16 maja 2018 r., sygn. akt SK 18/17

2021 ◽  
Vol 4(165) ◽  
pp. 147-158
Author(s):  
Agnieszka Kawałko
Keyword(s):  
Family Relationship ◽  
Time Limit ◽  
Biological Origin ◽  
The Right To Know ◽  
Civil Status ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Age Of Majority

The commented ruling of the Constitutional Tribunal concerns the constitutionality of the provision of Article 70(1) of the Family and Guardianship Code, which provided that the time limit for a child to bring an action to deny the paternity of his or her mother’s husband is three years and runs from the moment the child reaches the age of majority, regardless of the child’s know-ledge of his or her biological origin, i.e. regardless of whether the child within that time limit acquired knowledge that he or she did not come from his or her mother’s husband and whether the child could decide to bring an action. The expiry of the three-year period resulted in the expiry of the child’s right to claim the denial of paternity of the mother’s husband and, consequently, precluded the possibility of a positive determination of the paternity of a man other than the mother’s husband. The Constitutional Tribunal found this provision to be inconsistent with Article 30 in conjunction with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland. The author agrees with the position expressed by the Constitutional Tribunal in the judgment in question, which in this case provides a basis for consideration of the relationship between the right to know one’s biological origin and the value of stabilising the civil status of a child and persons remaining in an established family relationship with him or her.

scholarly journals Analisis kebutuhan pelatihan ASN Penyuluh Keluarga Berencana (PKB) di Provinsi Lampung

2021 ◽  
Vol 1 (1) ◽  
pp. 35-43
Author(s):  
Anisa Banuwa ◽  
◽  
Annastasia Nika Susanti ◽  
Keyword(s):  
Family Planning ◽  
Quantitative Research ◽  
Training Needs ◽  
Needs Analysis ◽  
Organizational Analysis ◽  
Cross Sectional ◽  
Utilization Of Technology ◽  
Scientific Papers ◽  
Representative Office ◽  
The Right

Purpose: This study aimed to determine the right training for employees of BKKBN Representative Office in Lampung province based on the results of the training needs analysis. Research methodology: This research was a quantitative research with cross sectional approach. The number of samples in this study was 336 Family Planning Instructors (PKB) in Lampung Province. The data were collected through questionnaire instruments. Results: The results of training needs analysis for PKB showed that the obstacles in carrying out the duties mostly came from the internal factors which are related to personal tasks and competencies. The training required by PKB is training related to reproductive health, advocacy skills, and utilization of technology, article making and scientific papers, problem solving techniques, and effective communication. Limitations: For further research, it is recommended that researchers conduct organizational analysis and using varied data collection methods. Contribution: The results of this study can be a reference for BKKBN Lampung Province in conducting appropriate training for family planning counsellor (PKB) so that the effectiveness and productivity of the organization increases. Keywords: Training needs analysis, Family Planning Instructors (PKB)

scholarly journals Dopuszczalność drogi sądowoadministracyjnej od orzeczeń Komisji Regulacyjnej ds. Polskiego Autokefalicznego Kościoła Prawosławnego

2020 ◽  
Vol 4 (68) ◽  
pp. 161-175
Author(s):  
Robert Jastrzębski
Keyword(s):  
Orthodox Church ◽  
Administrative Procedure ◽  
Single Instance ◽  
Constitutional Tribunal ◽  
Regulatory Commission ◽  
The Right ◽  
Regulatory Committee

The article contains a historical and legal outline, taking into account the evolution of the jurisprudence of the Constitutional Tribunal and the Supreme Administrative Court. The admissibility of initiating the judicial-administrative procedure against the decisions of the Regulatory Commission of the Polish Autocephalous Orthodox Church is closely related to the judgments of these bodies. The author concluded that, in accordance with the provisions of the Act on the State’s Relationship to the Polish Autocephalous Orthodox Church, the ruling of the Regulatory Committee should be recognized as an administrative decision issued in a single-instance procedure. Such a decision is a final one, against which a party has the right to lodge a complaint to a voivodeship (i.e. provincial) administrative court.

scholarly journals The Role of Information Technologies in Natural Family Planning

2020 ◽  
Author(s):  
Zuzana Judáková
Keyword(s):  
Family Planning ◽  
Information Technologies ◽  
Hormonal Contraceptive ◽  
Natural Family Planning ◽  
Barrier Methods ◽  
Natural Family ◽  
Active Approach ◽  
Correct Usage ◽  
Third Person ◽  
The Right

Freedom is needed in family planning and in the decision on how many children the couple will have, not to be influenced by a third person, political situations, or religious conviction. There is a need for information, education, and communication about possibilities in natural family planning, in order to be able to choose the right way, because there are many options even without side effects. Nowadays, we can add to these traditional possibilities of natural family planning also information technologies and electronic devices, which are increasingly available to a large portion of the population. Their reliability, with correct usage, is comparable to the barrier methods and in some cases to hormonal contraceptive methods. Next development of these devices can more increase their reliability. Of course, the active approach of users is needed.

scholarly journals The Dialogue between the Supreme Administrative Court and the Constitutional Tribunal in the Preliminary Reference Procedure

Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 126-137
Author(s):  
Anna Chmielarz-Grochal
Keyword(s):  
Reference Procedure ◽  
Constitutional Tribunal ◽  
Administrative Courts ◽  
The Republic ◽  
Prior Application ◽  
The Right

The purpose of the article is to analyze how the Supreme Administrative Court implements the right of this court to apply to the Constitutional Tribunal, enshrined in the Constitution of the Republic of Poland, with a request to examine the constitutionality of the legal act applicable in a particular case. The emergence of this investigation is marked by a noticeable decrease in the number of requests submitted by administrative courts to investigate the constitutionality of a legal act, which encourages the investigation of the causes of this phenomenon. The prior application of the court for the constitutionality of a legal act encourages the analysis of a specific cooperation dialogue between the requesting court and the Constitutional Tribunal.

scholarly journals Study of consumer awareness of contraceptives selecting in the family planning process

2021 ◽  
pp. 60-66
Author(s):  
T. V. Mahanova ◽  
N. O. Tkachenko
Keyword(s):  
Family Planning ◽  
Sex Education ◽  
Entire Range ◽  
Planning Process ◽  
Age Groups ◽  
Supply System ◽  
Female Consumers ◽  
Education Of Women ◽  
Target Consumer ◽  
The Right

The work aim is to study the degree of awareness of female consumers about the range of contraceptives and their use, as well as the process of providing contraceptives with the subsequent use of the results obtained to improve the contraceptives supply system for the right strategic marketing decision-making. During the study methods of searching, analyzing, generalizing data from information sources, systemic, comparative, marketing analysis, and survey were used. Results. Before the survey, the modern assortment of contraceptives study and an information array of them was formed, which was used to conduct conjoint analysis. At the same time, a survey among female respondents regarding their awareness of contraception issues was conducted. As a result of the survey, 420 questionnaires with full valid answers of women aged 16 to 49 years were collected. Each of the groups covered a 4-year age interval. In addition, 117 refusals of women to participate in the survey were collected. The reasons of refusals were also taken into account in the study for a broader understanding of the functioning problems of a modern contraceptives supply system. Conclusions. It was found that the degree to which women are familiar with the modern arsenal of contraceptives varies depending on their age. Overall, 78% of women are partially familiar with the entire range of contraceptives. The percentage of women who had a deficit of information about the range of contraceptives increases with the transition to older age groups: after the age of 30, every sixth woman in Ukraine does not know about the existence of some types of contraception. Among women who were familiar with the entire range, the age group of 25-29 years prevails, which is associated with active family planning processes in this age range - 6.42%. Women's views on the process of providing contraceptives and men's role in this process were analyzed. Thus, of the total number of respondents, 117 (21.78%) women refused to take part in the survey, explaining their refusal by their lack of interest in this topic, ignoring the use of contraceptives, or by their shyness. This "taboo" of the topic is closely related to the problems of sex education, problems of motivation and involvement of medical representatives in the dissemination of information about contraceptives and their importance in the process of family planning. In addition, 69% of women prefer to coordinate the choice of contraceptives with their husbands, and only 20% of female consumers, believe that the process of preventing or planning a pregnancy is personally a woman's business. The results of the survey prove the need to intensify health education work to improve the level of education of women and men on contraception, as well as expanding the boundaries of access to contraceptives for the target consumer. Keywords: contraception; consumers; pharmaceutical support

scholarly journals ICT4D : Family Planning and Reproductive Health

2020 ◽  
pp. 58-67
Author(s):  
Nyamwamu Roseline Wangui ◽  
Alice Nambiro
Keyword(s):  
Family Planning ◽  
Reproductive Health ◽  
Wireless Communication ◽  
Best Practices ◽  
Mobile Devices ◽  
Diffusion Of Innovations ◽  
Developing Nations ◽  
Increasing Trend ◽  
The Right

There is an ever-increasing trend in the utilization of Information and Communiation Technologes (ICTs) around the globe. However, the diffusion of innovations is not even in developing nations, requiring the implementation of Information and Communiation Technologies for Development (ICT4D) policies to promote the reach of ICTs. In the field of family planning and reproductive health, ICTs, ranging from radio devices, television sets, wireless communication, mobile devices and computers play a significant enabling role in ensuring that reproductive health reaches many. In Kenya, there are several initiatives that this paper highlights as far as reproductive health is concerned. With the right policies, best practices as elucidated from past projects, and funding, ICTs have the capacity to increase access to reproductive health.

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