Czy prawo osoby skazanej do rehabilitacji to prawo człowieka? Rozważania na tle prawa międzynarodowego o charakterze hard law i soft law
Is a prisoner’s right to rehabilitation a human right? Considerations on the base of international hard law and soft law

Summary/Abstract: The subject of this article is an attempt to answer the question of whether the social rehabilitation of a prisoner is a human right? And then whether, on the basis of this right, the individual has a claim to the state for its realization? To this end, the differences between the key concepts for this problem, such as human rights, public subjective rights and claims, are discussed. The concept of dignity as a foundation for the right to rehabilitation is presented, as well as the most important legal acts of human rights from which the right to rehabilitation can be derived. Also, the international standards for the treatment of prisoners, which explicitly identify rehabilitation as an objective of imprisonment, are discussed. The considerations made it possible to draw a conclusion about the validity of recognizing the right to rehabilitation as a human right, on the basis of which a prisoner has a claim to the state.

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