Konstytucyjny obowiązek zapewnienia szczególnej opieki zdrowotnej osobom w podeszłym wieku
Constitutional obligation to provide special health care to the elderly

Summary/Abstract: When reviewing the regulations of different European systems and internal law of the Republic of Poland, it is clear that the provisions adopted in the regional system, as well as in internal law, appear to sufficiently protect the interests of the elderly. Social practice seems to evidence the fact that, at least in Poland, the elderly are marginalized and they humbly accept their fate, seeing neither chances nor opportunities to change it. An assumption is made that the elderly need to reckon with the fact that, having retired they will experience a considerable deterioration of their financial status compared to the period of their professional activity. From the point of view of social policy, it is hardly acceptable that mentally and physically fit workers are ruthlessly eliminated from the workforce. As the retirement age for males has been raised to 67 years of age, it has been overlooked that numerous professions, such as academic teachers and judges, were legally required to retire upon turning seventy. Although it has been emphasized that there are reasons to raise the retirement age for all employees, raising it for the above-mentioned professional groups was refused on account of demagogical arguments that university professors or judges in the Supreme Court who would retain their positions would be „taking up jobs for the young and able,” preventing the „supply of fresh blood” to these professions and functions. It is obvious that raising the retirement age for the above-mentioned professions should depend on the attitude of the individuals, who could choose between retiring and continuing work. In general, it should be noted that the implementation of the legal norms of the Council of Europe and the European Union in Polish social security law is purely formal, and the guarantees stipulated in European provisions are not ensured in practice.

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