Limitation of constitutional guarantees of cultural rights at the time of pandemic
Limitation of constitutional guarantees of cultural rights at the time of pandemic

Summary/Abstract: The presented paper of a contributory character is aimed at examining the extent to which the constitutional guarantees of cultural rights were limited in a time of pandemic. Furthermore, the paper aims to answer the question of whether the introduced limitations in cultural rights were compliant with the principle of proportionality, if they were adequate to the actual state of affairs and whether the implemented legal measures ensured the effectiveness of law implementation. The legal sources analysed herein provide an answer to the question of whether the state has ensured alternative forms of enjoyment of products of culture and if it was obliged to do so. The paper focuses on a detailed analysis of the scope of the constitutional guarantees of cultural rights and the legal acts regulating the current state of the COVID-19 pandemic. Methods typical for legal sciences have been used herein, primarily the methodology of examining applicable laws. The legal norms analysed in the paper are included in the Constitution of the Republic of Poland, specific statutes and implementing regulations.

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