The article attempts to apply Alexis de Tocqueville`s views in the area of selected second- and t... more The article attempts to apply Alexis de Tocqueville`s views in the area of selected second- and third-generation human rights, i. e. the rights that over the course of the first half of the 19th century were not - with some exceptions - anchored in positive law. It takes form of sort of intellectual exercise in which, based on Tocqueville`s work, his potential stance towards chosen human rights is reconstructed. The paper briefly presents modern standards referring to second- and third-generation human rights, and confronts these with legal provisions provided by the French constitutions during and prior to Tocqueville`s life. The following parts of the paper show general Tocqueville`s stance towards the concept of human rights and attempt to answer the question issued in the title of the article.
Considerations comprised in the article concern the problem of mandatory vaccination in Poland. P... more Considerations comprised in the article concern the problem of mandatory vaccination in Poland. Particular attention is paid to the issue of conscientious exemption from the vaccine obligation. The article presents the problem of social support for vaccination in Poland, the arguments issued by vaccination opponents, the current legal status of vaccination in Poland, and finally – the legal analysis regarding the introduction of a conscientious exemption from mandatory vaccination in Poland. The article focuses on judicial opportunities of introducing conscientious exemption in the field of mandatory vaccination; it presents possibilities and obstacles to establishing institution under discussion. The thesis that public health reasons should prevail over conscientious or moral demands is advocated in the article.
Surrogate motherhood, known also as surrogacy, is a kind of civil law contract according to which... more Surrogate motherhood, known also as surrogacy, is a kind of civil law contract according to which one party – surrogate mother is obliged to bear a pregnancy and after giving a birth transfer all rights concerning a child to commissioning party. There are two basic types of surrogacy, of which gestational surrogacy has recently become more popular. By concluding gestational surrogacy agreement commissioning party oblige itself to provide an embryo no matter of its source, while surrogate mother is bonded only to bear pregnancy. The second type of surrogacy agreement, often called traditional, encompasses also surrogates obligation to provide an egg, due to this fact, as the egg donor, surrogate mother becomes also a genetic mother. Surrogacy is connected to a variety of serious legal problems among others: deciding whether this kind of contract should be legal or banned and resolving an issue of a legal status of a new born child, by answering the question who is its legal parent. T...
The article attempts to apply Alexis de Tocqueville`s views in the area of selected second- and t... more The article attempts to apply Alexis de Tocqueville`s views in the area of selected second- and third-generation human rights, i. e. the rights that over the course of the first half of the 19th century were not - with some exceptions - anchored in positive law. It takes form of sort of intellectual exercise in which, based on Tocqueville`s work, his potential stance towards chosen human rights is reconstructed. The paper briefly presents modern standards referring to second- and third-generation human rights, and confronts these with legal provisions provided by the French constitutions during and prior to Tocqueville`s life. The following parts of the paper show general Tocqueville`s stance towards the concept of human rights and attempt to answer the question issued in the title of the article.
Considerations comprised in the article concern the problem of mandatory vaccination in Poland. P... more Considerations comprised in the article concern the problem of mandatory vaccination in Poland. Particular attention is paid to the issue of conscientious exemption from the vaccine obligation. The article presents the problem of social support for vaccination in Poland, the arguments issued by vaccination opponents, the current legal status of vaccination in Poland, and finally – the legal analysis regarding the introduction of a conscientious exemption from mandatory vaccination in Poland. The article focuses on judicial opportunities of introducing conscientious exemption in the field of mandatory vaccination; it presents possibilities and obstacles to establishing institution under discussion. The thesis that public health reasons should prevail over conscientious or moral demands is advocated in the article.
Surrogate motherhood, known also as surrogacy, is a kind of civil law contract according to which... more Surrogate motherhood, known also as surrogacy, is a kind of civil law contract according to which one party – surrogate mother is obliged to bear a pregnancy and after giving a birth transfer all rights concerning a child to commissioning party. There are two basic types of surrogacy, of which gestational surrogacy has recently become more popular. By concluding gestational surrogacy agreement commissioning party oblige itself to provide an embryo no matter of its source, while surrogate mother is bonded only to bear pregnancy. The second type of surrogacy agreement, often called traditional, encompasses also surrogates obligation to provide an egg, due to this fact, as the egg donor, surrogate mother becomes also a genetic mother. Surrogacy is connected to a variety of serious legal problems among others: deciding whether this kind of contract should be legal or banned and resolving an issue of a legal status of a new born child, by answering the question who is its legal parent. T...
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