O prokonstytucyjnej dyrektywie interpretacyjnej in dubio pro vita humana
About the Pro-Constitutional Interpretative Directive In Dubio Pro Vita Humana

Summary/Abstract: The article discusses the interpretative directive in dubio pro vita humana (Latin:„when in doubt, favour human life”), as well as its popularization, including encouragingpublic administration bodies and courts to apply it more widely. The article aims to answerthe following research problems: What are the main sources of the in dubio pro vita humanadirective in the Polish legal system? What is its content and its key assumptions? What arethe potential implications of its application in legal practice? What is the object-related scopeof its application?The formal-dogmatic method is used in the study.The interpretative directive in dubio pro vita humana is rooted in the constitutional protectionof human dignity, life and health. It is confirmed in the views expressed by legal scholars, aswell as in the case law of the Constitutional Tribunal and administrative courts. However,in order to increase the scale of its application in practice, it should be regulated by law.The content of the directive is such that it requires any possible doubts about the protectionof human life to be resolved in favour of this protection. Applying this directive is pivotalfor ensuring institutional healthcare in Poland by choosing such a result of interpretation of provisions of law that maximizes the protection of human life and health. Its object-relatedscope of application is most strongly linked to healthcare law, but it is also applicable to theinterpretation of provisions in other branches of law (for example, in criminal or welfare law),even if prima facie they do not seem directly related to the protection of human health and life.The results are important not only for Polish law, but also for the interpretation of foreign lawsand EU law. It seems that this directive may also find its application outside the legal system– for solving ethical problems. An offshoot of this study is the possibility of referring at leastpart of the comments made to the legal protection of animals, which may contribute to itsstrengthening and to development of legal science in this area (in dubio pro vita animalium).

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