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I know my rights

Source: licencja: CC 0, [online], dostępny w internecie: https://pixabay.com/pl/klauzula-ust-książki-prawo-jura-2546124/.

Link to the lesson

Before you start you should know
  • Human rightshuman rightsHuman rights are one of the principles of a modern democratic state.

  • It is the role of a state to ensure the protection of human rights within its territory.

You will learn
  • You will be able to explain the difference between majoritarian and constitutional democracy.

  • You will be able to explain what human rights are, what assumptions they originate from, and describe, what characteristics they possess, as well as give examples of various human rights and documents they are regulated in.

  • You will be able to present children’s rights as a special type of human rights.

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nagranie abstraktu

Is the majority always right? Discussion, voting, majority decision‑making are procedures characteristic of democratic communities. However, it should be remembered that the will of the majority cannot violate the rights and freedoms of those, who constituteto constituteconstitute a minority. Protection of the rights of individuals and the rights of minorities is the foundation of a modernly understood democratic state. Majoritarian democracy has been replaced by constitutional (liberal) one.

The Constitution of the Republic of Poland

Chapter II. The freedoms, rights and obligations of persons and citizens

General principles

Article 30

The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorities.

konst1 Source: The Constitution of the Republic of Poland.

Human rights

Human rights are moral principles or norms of fundamental character. They are rights that every individual has in his relations with a state. The notion of human rights is based on three assumptions:

  • every power is limited,

  • every person is entitledentitledentitled to a certain level of autonomy, to which the authorities have no access,

  • every person can expect the state to protect his rights.

The source of human rights is human dignity. It is considered as an inherent and inalienable value of every human being. The principle of respect for human dignity has been confirmed in many international documents and in the Constitution of the Republic of Poland.

The Universal Declaration of Human Rights

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

deklar Source: The Universal Declaration of Human Rights.
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llustracja interaktywna, której centralnym elementem jest napis "Human rights", pod którym znajdują się schematyczne sylwetki ludzi. Obok napisu znajdują się następujące hasła wraz z rozwinięciami: 1. universal – everyone is entitled to human rights, regardless of his race, gender, social standing or wealth, 2. inherent – everyone is entitled to them from the moment they are born, 3. inalienable – they are inseparable from every human being, you cannot lose them or give them up, 4. natural – they result from the very essence of humanity, we enjoy them, because we are humans, 5. inviolable – they exist independently of the authorities will and cannot be arbitrarily changed or limited by the authorities.
The Constitution of the Republic of Poland

Chapter II. The freedoms, rights and obligations of persons and citizens

Economic, social and cultural freedoms and rights

Article 70

  1. Everyone shall have the right to education. Education to 18 years of age shall be compulsory.(...)

  2. Education in public schools shall be without payment. Statutes may allow for payments for certain services provided by public institutions of higher education.

  3. Parents shall have the right to choose schools other than public for their children. (...)

  4. Public authorities shall ensure universal and equal access to education for citizens. To this end, they shall establish and support systems for individual financial and organizational assistance to pupils and students

konst2 Source: The Constitution of the Republic of Poland.

Human rights limitations are acceptable, but only in strictly defined situations, and the form and the scope of restrictions must be legally justified. However, there are rights, that cannot be limited under any circumstancescircumstancecircumstances – these are the freedom from torture and from slavery.

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Exercise 1
Decide if following statements are true or false. Justify your choices in a discussion with your classmates. 1. Every person is obliged to disclose his personal information. 2. Every power is limited. 3. Every person absolutely must obey the authorities. 4. Every person is has a certain level of autonomy, to which the authorities have no access. 5. Every person can expect the state to protect his rights.

Children’s rights

In Poland children’s rights are protected in the Constitution. The Ombudsman for Children's Rights makes sure the rights are observed. He does this with respect for parents' responsibilities, rights and duties. However, the good of the child is always a priority.

The Constitution of the Republic of Poland

Chapter II. The freedoms, rights and obligations of persons and citizens

Article 72

  1. The Republic of Poland shall ensure protection of the rights of the child. Everyone shall have the right to demand of organs of public authority that they defend children against violence, cruelty, exploitation and actions which undermine their moral sense.

  2. A child deprived of parental care shall have the right to care and assistance provided by public authorities.

  3. Organs of public authority and persons responsible for children, in the course of establishing the rights of a child, shall consider and, insofar as possible, give priority to the views of the child.

  4. The competence and procedure for appointment of the Commissioner for Children's Rights shall be specified by statute.

konst3 Source: The Constitution of the Republic of Poland.

In the introduction to Janusz Korczak's book „The Child’s Right to Respect”, the Ombudsman for Children's Rights Marek Michalak wrote:

Janusz Korczak A Child’s Right to Respect

A Word of Introduction

Children are our greatest treasure. They are entitled to the same dignity as every person, and in that dignity, they are equal to adults. Korczak proves “there are no children – there are people.”

korcz Source: Janusz Korczak, A Child’s Right to Respect, tłum. Sean Gasper Bye.

Read the information below and find out what your rights are.

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Fotografia przedstawiająca cztery dziewczynki na boisku. Trzymają się za ręce, na zdjęciu uchwycono je w chwili podskoku. Fotografia to ilustracja interaktywna, na której znajdują się następujące treści: 1. Personal rights – They allow for the child’s development. Right to life, right to identity, right to development, right to be brought up in a family, right to information. 2. Political or public rights – Thanks to them, the child expresses his views and participates in the life of his group, community and state. Right to express one’s own views, right to participate in associations. 3. Social rights – These are responsibilities of the state and adults to create appropriate conditions for the child’s mental and physical development. Right to an adequate standard of living, right to health care, right to play and recreation. 4. Economic rights – They allow the child to prepare for material independence from others. Right to education, protection of labour undertaken as part of compulsory education or holiday earnings.
Children’s rights
Important!

The Ombudsman for Children's Rights launched a helpline for children: 800 12 12 12. The line is free and operates Monday to Friday from 8:15 to 20:00. However, you can call at any time, present your problem and provide a contact number to call back.

You can also look for help via the Helpline for Children and Youth: 116 111. The phone operates Monday to Sunday, from 12.00 to 2.00.

Contemporary democratic states recognize the need to protect human dignity and the rights of each human being. These rights guarantee us protection against abuse by the authoritiesabuse by the authoritiesabuse by the authorities, they enable active participation in the life of the state, and they are the foundation of our sense of security. Human rights are based on two basic principles: freedom and equality, which are the source of human dignity. Children’s rights are a special type of human rights.

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Exercise 2
Ćwiczenie alternatywne: Listen to the abstract recording to review the material and new vocabulary. Explain the meaning of following words: to constitute; entitled; social standing; inseparable; human rights; abuse by the authorities; circumstance. If it's too difficult, use lesson's glossary.

Keywords

human rights, majoritarian/constitutional (liberal) democracy, human dignity, universal, inherent, inalienable, natural, inviolable, human rights limitations

Glossary

to constitute
to constitute
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Nagranie słówka: to constitute

stanowić

entitled
entitled
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Nagranie słówka: entitled

uprawniony

social standing
social standing
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Nagranie słówka: social standing

pozycja społeczna

inseparable
inseparable
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Nagranie słówka: inseparable

nierozerwalny

human rights
human rights
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Nagranie słówka: human rights

prawa człowieka

abuse by the authorities
abuse by the authorities
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Nagranie słówka: abuse by the authorities

nadużycie przez władze

circumstance
circumstance
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Nagranie słówka: circumstance

okoliczność