Projekt stanowiska Sejmu w sprawie o sygn. akt K 13/15
Sejm draft position on the case concerning the application of the Commissioner for Citizens’ Rights on the Act – the Family and Guardianship Code (Ref. No. K 13/15)

Summary/Abstract: In the proposed draft position the author states that the Sejm does not share the belief of the Commissioner for Citizens’ Rights that the provisions of Article 12 § 1 and § 2 of the Family and Guardianship Code violate the Constitution in that they lead to humiliation and a justified sense of grievance of people affected by their operation. It has been shown that in this case the law is not a source of harm to the individual, on the contrary – the adopted regulations are aimed at protecting constitutional values, with maximum respect for the rights and dignity of persons with disabilities. In the opinion of the author of the draft position, it cannot be found that the arguments of the Commissioner for Citizens’ Rights – referring generally to social degradation of people affected by mental disabilities, without taking into account the details of construct of marriage ban – meets the high standards required by the Constitutional Tribunal. According to the author, from the considerations contained in the draft position it follows that the above-mentioned provision of the Code is compatible with Article 30 of the Constitution.

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