O prawie osób z niepełnosprawnością do ochrony przed dyskryminacją. Idea – jurysdykcja – rzeczywistość
On the right of people with disabilities for protection against discrimination. Idea – Jurisdiction – Reality

Summary/Abstract: The author of the article explains the meaning of the term discrimination, referring primarily to the provisions of law, including the Constitution of the Republic of Poland. According to Art. 32 sec. 2 of this most important national legal act, no one may be discriminated in any area of life (public, social or economic) for any reason, because – as provided in Art. 30 sec. 1 – all are equal before the law. The source of this equality is – as emphasized in the Constitution of the Republic of Poland (Art. 30) – the innate, inalienable and inviolable dignity of every person. This dignity is independent of any features, including the disability. The dignity of a disabled person understood in this way is treated in many legal documents of international scope as an ethical premise of the rights and freedoms. It has a similar status in the United Nations Convention on the Rights of Persons with Disabilities, ratified by Poland in 2012. Since its ratification, this document has been part of the national legal order, and therefore also regulates the issue of equal treatment of persons with disabilities. Do the regulations contained therein affect the actual situation of this group of people with regard to discrimination? The answers have been provided by the author’s research results.

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