Rights (Claims) of Parents and the Child’s Welfare

Author(s): Paweł Bortkiewicz / Language(s): English Issue: 3/2015

In the contemporary bioethical disputes, which are at the same time political, what is often put forward is the argument of the right to have or not have a child. According to the supporters of this right, it is a consequence of widely promoted reproduction rights (which are an expression of the so-called reproductive medicine). Such a perspective constitutes an expression of a peculiar asymmetry — claims with relation to the child do not correspond with the rights of the child. The mentioned idea, visible in the acts of the codified law, is the subject of Church criticism. In place of the claims with relation to the child, the Church, by the means of John Paul II’s words, formulates an original idea and the charter on the rights of the child.

Social Determinants of the Significance of the Child in a Micro- and Mezosocial Perspective

Author(s): Jacek Kurzępa / Language(s): English Issue: 3/2015

The author touches upon the subject matter of the rights of a child within the vista of the social conditions in the micro and mezosocial perspective. In the initial part of his considerations he indicates toward the challenges that the ageing society has to face, as well as evokes the phenomenon of love — as not only an ontic value but also biological and demographic. A natural destiny and biology of the body is ageing, we should accept such a natural consequence, which for ages has been difficult and led toward negation and acknowledgement that nature can be cheated, or improved. As a result new offers appear, be it within the scope of medicine (medications that help preserve the potency regardless of the age) and also beauty and plastic surgery, which subjects to correction the natural flabbiness of the skin, its senile spottiness and naturalness. What follows the possibilities and technologies is genetic engineering and modification connected with conception, creating new life, as well as its deprivation (euthanasia). The new possibilities kindle human passion, dream of perpetual youth, deny and disclaim the law of nature. They strengthen these “dreams,” elements of cultural narration, which talk people into recognizing new axiology, accepting every “modality” of the current ethical, moral, legal and customary axioms. What also appears within the scope of the “dreams of eternity” is the necessity of commercializing emotions, interpersonal bonds, using human embryos, organs, exploitation of children and their abuse. In spite of the proclamation of rights and respect toward Human Person, regardless of age, the letter of law and declarations are not a sufficient guarantee to protect and care for children and childhood effectively. In the evoked, numerous examples of destroying the nature of childhood and treating children atrociously, the Author reveals claptrap and ineffectiveness of signatories of manifold documents and declarations on the one hand and touches upon the issue of our individual, personal responsibility for the fate of the youngest ones on the other. He emphasizes, both by generously making use of referred ideas conceived by Saint John Paul II, as well as by referring to Janusz Korczak, or Ellen Key, that the fate of the child is in our, adults’ hands. Therefore, if “our adulthood grows wild,” it is difficult to hope that we will behave properly and accordingly toward those who are weaker, smaller and dependant. In the face of the above, our adulthood, in its humanistic dimension, must continuously become better, more mature and also more beautiful, in order to meet the challenges which we face and which are connected with protecting and caring for the youngest ones.

The Art of Communicating with a Child

Author(s): Stanisława Mielimąka / Language(s): English Issue: 3/2015

The article discusses effective communication with the child, that is, giving satisfaction to all the participants of the interaction, which in the first place requires the knowledge of the components of the communication process. Messages sent by people entering into interaction with each other may take the form of specific stimuli and responses stemming from — according to Eric Berne — three states of ego personality: the ego state Parent, the ego state Adult and the ego state Child. These states are shaped from the early years of the child’s life and determine the quality of communication of each person with other people over the whole course of life. They decide whether transactions with others are simple, which generally promotes the continuation of the interaction, or crossed leading to a feeling of being not understood, or even to the interruption of the interaction. The article provides examples of simple and crossed transactions. Characteristics of the communication barriers have been given, named by Thomas Gordon the twelve typical ineffective behaviours of parents, teachers or bosses. The last part of the article indicated factors of effective communication with the child reflecting the adoption of the attitude “towards the child” including acceptance, passive and active listening, articulating statements of the “I” type, using the “method with no failures” in solving common problems, focusing on what is happening “here and now” in a relationship with the child.

Religious Education of Children in Families of Different Confessions

Author(s): Józef Budniak / Language(s): English Issue: 3/2015

The family is the first and most important educational environment. It also concerns religious education. Parents are the first teachers of faith and they are responsible for their children’s religious education. In inter-religious families the job is even harder as the child is brought up at the meeting of two confessions which differ from each other. In such a family, the child is introduced into the Church community, taught the first prayer, starts the first conversations about religion, reads the Holy Scripture, and what is most important — he or she adopts a positive attitude to the faith in God. Inter-religious families live in the spirit of ecumenism — they celebrate holidays in concord with Catholic and Lutheran traditions, attend both Churches, teach their children respect, love and tolerance for people of other religions. All these values help to educate the child to become a good man and a good Christian.

Children’s Rights. Provisions of Certain International Conventions

Author(s): Nicolae V. Dură,Teodosie Petrescu / Language(s): English Issue: 3/2015

The subject of the article is the analysis of thirteen international Conventions concerning the rights of the child presented chronologically, according to their coming into force. Such an analysis gave the authors the opportunity to remark that such international documents having compulsory juridical force also evince the evolution of the world states awareness concerning both the need of harmonizing the legislation in this field, and the obligation of taking concrete and effective measures on ensuring the legal protection of the children.

The Right of the Child to Access Information and to Express Views Freely

Author(s): Leszek Adamowicz / Language(s): English Issue: 3/2015

The Convention on the Rights of the Child adopted by the UN General Assembly on November 20, 1989, and ratified by Poland on July 7, 1991 (Dz.U. 1991, No. 120, item 526), includes in its contents, among others, declarations of children’s rights to information and to express those views freely in all matters concerning them directly. In particular, the right to information includes more specific issues: the right to information on parentage (the knowledge of their parents); “the right to seek, receive and impart information and ideas of all kinds, regardless of boundaries, either orally, in writing or in print, in the form of art or through any other medium of the child’s choice”; the right to receive relevant information, dependant on the age and understanding of children, which should give them the freedom to fully exercise their rights, unless this would be contrary to their welfare, and right to information about the educational process. However, the right to expression includes the right to speak in judicial and administrative proceedings, the right to freedom of expression, the right to freedom of thought, belief and religion, including its practice, the right to association and the right to assembly.

Legal Protection of the Child from Violence and the Detention of Minor Foreigners in Poland

Author(s): Małgorzata Tomkiewicz / Language(s): English Issue: 3/2015

Legal protection of the child in its normative dimension, including the protection of minors against violence, is one of the fundamental principles of contemporary legal systems, which is rooted in numerous acts of Polish and international jurisprudence. The abundance of regulations in this scope indicates that legal system in Poland shields minors against violence comprehensively and — as it seems — universally. However, there arises a question whether the law protects to the same extent minor foreigner residing in the territory of the Republic of Poland, particularly those who are subjected to the procedure of placing them in guarded camps for foreigners; which is followed by the question: Are the standards of the said protection identical in the case of minors who are subjected to detention along with their family members, and in the case of minors who are unattended? By means of the analysis of the legal solutions currently in force, the present article tries to answer the above questions.

Does the Catholic Vision of the Principle of Subsidiarity Pertain to Polish Family Law?

Author(s): Piotr Kroczek / Language(s): English Issue: 3/2015

In Polish law, among many constitutional principles, there is the principle of subsidiarity. In the context of family, the understanding of the principle in Polish legal system and in the Catholic teaching is quite similar. The aim of the article is to examine if the principle in question is present in the provisions of family law. The conclusion is that sovereignty of families is well safeguarded in Polish law by the means of the principle in question. To protect autonomy of family, one must not demand that the laws be changed, but rather that the principle be respected in application of the family law.

Znaczenie opactwa premonstrateńskiego w Brzesku-Hebdowie w strukturze zakonu i Kościoła w XIV–XV wieku

Author(s): Arkadia Podgórska-Mikuła / Language(s): Polish Issue: 1/2016

In the Middle Ages Premonstratensian monasteries were organised along a principle istypical of the Order, that is affi liation and the paternal right (ius paternitatis). All the monasterieswere divided into regional groups, known as cyrkarie (provinces). Each provincewas a inspected by representatives of the single abbey holding the paternal right.In the 14th century, symptoms of a crisis became visible in not only in the Polish Provinceof the Order of St Norbert (Premonstratensian), and were especially intensifi ed inthe women’s convents. Potential reasons for the crisis included the secluded situation ofthe monasteries, their poor fi nancial standing, a drop in the number of vocations, andthe social structure of the monasteries. Th e Abbey in Brzesko–Hebdów, overseeing thePremonstratensian parishes visited them regularly, manned them with their monks, andundertook other actions in an attempt to reform the Polish Premonstratensians in the 14thand 15th centuries. The funding of another Premonstratensian Abbey by King Ladislaus (Władysław) Jagiełłoin Nowy Sącz and populating it with monks from Brzesko was a proof of the greatpotential of the Hebdów Abbey in its capacity of the initiator and coordinator of the reformaimed at the revival of the Order and forcing its members to observe the monastic rule. The article also emphasises the signifi cant impact of the competition between individual monasteriesof the Premonstratensian Order in the 15th century on the position of Brzesko.

Statuty sodalicji mariańskich kobiet w Krakowie w dwudziestoleciu międzywojennym

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 1/2018

The women’s sodalities existing in the interwar period in Krakow consisted of women deriving from different backgrounds – they gathered teachers, clerks, the members of the Female Teacher Seminar in Krakow, and higher educated ladies. The provisions of the state law concerning the rules of creating associations did not apply to them. The sodalities were subject only to the provisions of canon law. Th ey focused especially on the spiritual development of their members and helping them in religious development. The statutes of the women’s sodalities in Krakow presented in the article despite being similar in many regulations were adopted to the specific situation of different sodalities. In addition it could be seen that the sodalities statutes were trying to develop and introduce new, necessary solutions like for example establishing control bodies in sodalities.

Ocena skutków konkordatu z 1993 roku w polskim porządku prawnym

Author(s): Józef Krukowski / Language(s): Polish Issue: 3/2006

WIDOW’S USUFRUCT IN ROMAN LAW AND CONTEMPORARY LAW

Author(s): Novak Krstić / Language(s): English Issue: 2/2023

The position of a woman as a legal heir in Roman law was not favorable. During the long history of the development of the Roman state and Roman law, it continuously changed. The Novels of Justinian, enacted in the first half of the 6th century, improved women's inheritance rights. A widow could inherit the part of her deceased husband's property if she had no children by him, and when she inherited with their joint children, she only had the right to usufruct on part of the deceased's inheritance. Given that Roman law had a strong influence on modern laws, the institution of widow's usufruct still exists today in certain laws. In this paper, we will point out the characteristics of widow's usufruct in Roman law and analyze current solutions in contemporary European legal systems. In addition, we will pay attention to how the Serbian Civil Code from 1844 regulated the widow's right to usufruct, as well as the conditions under which the surviving spouse can exercise the right to usufruct on the estate of the deceased spouse in current Serbian law.

Aspekty prawa kanonicznego i prawa świeckiego w związku małżeńskim

Author(s): Kamila Remiszewska,Adrianna Ruszkiewicz / Language(s): Polish Issue: 1/2024

The article presents the marital union from the perspectives of canonical law and secular law, two distinct legal systems. It focuses on a comparative analysis of the theoretical and practical aspects related to marriage, taking into account the influence of faith and societal norms on its regulations. Through an in-depth examination of these two legal systems, the paper aims to better understand both the complexities and similarities between them and to identify areas of conflict or synergy. It aims to provide a comprehensive view of the essence and functioning of the marital union, considering both its spiritual and social dimensions.

Význam štúdia prameňov kánonického práva pre súčasnú vedu

Author(s): Vojtech Vladár / Language(s): Slovak Issue: 92/2023

The sources of law may be denoted to be one of the most important sources of information not only for lawyers, legal historians, but also other scientists. They do not reflect social development only in the legal sphere, since their norms directly and authoritatively affect many areas of social life. Passing of a new rule, its change or abrogation of the older one then leads to the eventuality of deduction of actual social needs in then period of the development of given society. This statement is all the more valid for the legal system of the Catholic Church, since canon law influenced the development of mankind for the whole centuries in determinative way. However, the contemporary science, not only legal, on the ground of several reasons (of subjective character typically) often neglects these precious sources of information while doing research activities. The main goal of the article is to point out the importance of sources of canon law and their constant topicality not only for the canonists and legal historians, but even scientists from other scientific branches.

Teologické aspekty novel Kodexu kanonického práva z roku 1983

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 92/2023

This article looks at the amendments of the current Code of Canon Law in terms of their theological justification. It establishes that most of the theological focus is to be found in the first two amendments, over which Josef Ratzinger had considerable influence, in the first instance while still a cardinal in the case of John Paul II’s amendment Ad tuendam fidem, then as pope for the amendment Omnium in mentem. In this amendment, the German-born pope also dealt with the question of formal apostasy from the Catholic Church, a topical issue in his native country. There is also no lack of theological justification in the amendments made by Pope Francis, particularly on matrimonial procedure, issued in the form of two motu proprio, and in the comprehensive amendment to criminal law Pascite gregem Dei, promulgated in the form of an apostolic constitution. The latter specifies the criminal sanction for many offences, including the offence of denying definitively proclaimed Church doctrine, which was first introduced by the amendment Ad tuendam fidem.

Změny v trestním právu od vydání CIC/1983

Author(s): Libor Botek / Language(s): Czech Issue: 92/2023

The article deals with the development of the criminal law of the Church after the publication of the Code of Canon Law in 1983. It reflects on the reasons for the emergence of new criminal offences. It traces the emergence and development of extra-canonical norms, the evolution of the definition of particularly serious crimes by the Congregation for the Doctrine of the Faith and the subsequent incorporation of the newly created norms into the amendment of Book VI of the Code. It shows the new arrangement of the matter of criminal law in the amendment of Book VI of the Code and the intentions of the legislator.

Pořádkové tresty v nové legislativě latinské katolické církve sui iuris

Author(s): Damián Němec / Language(s): Czech Issue: 92/2023

This article presents one sub-area of the penal law of the Latin Catholic Church, amended in 2021 in a radical way: by replacing the entire existing Book 6 of the 1983 Code of Canon Law with a new text in 2021. Significant changes have been made, especially in the area of expiatory penalties. The first chapter gives a brief description of the four legislative texts regarding expiatory penalties since the beginning of the 20th century: the 1917 Code of Canon Law, the original 1983 version of the Code of Canon Law, the comprehensive draft of the amended 6th Book of the Code sent for comments in 2011, and the final amended text promulgated in 2021. The second chapter uses the method of comparison to show the legislative development of the individual expiatory penalties currently in force. The third and fourth chapters present the penalties that were not taken over from the earlier normative regulations into the amendment of 2021: due to the vastness of the matter in the third chapter, the penalties not taken over from the 1917 Code of Canon Law, and in the fourth chapter the penalties not taken over from the original text of the 1983 Code of Canon Law and the 2011 comprehensive draft. The author also provides the theological context of some of the new legal regulations.

Místo sňatku v případě svatby katolíka a nepokřtěné osoby v latinské církvi – návrh kritérií

Author(s): Martina Vintrová / Language(s): Czech Issue: 92/2023

The first Christians celebrated marriage according to the laws and customs of the nation that they belonged to, only without the elements that may have been part of a pagan cult. They soon began to think about marriage in a theological way as well and began to add liturgical elements to the celebration of marriage. Gradually, norms emerged that prescribed Catholic Christians to marry in church. Entering into a marriage outside the sacred space was considered a rather undesirable exception. Today, however, more and more Catholic Christians wish, for various reasons, to celebrate marriage outside the sacred space. The article deals with this issue and attempts to outline the criteria for the appropriateness of such a chose.

„ИЗКУСТВЕНОТО РОДСТВО“ – ЕВРОПЕЙСКО СОЦИАЛНО ИЗОБРЕТЕНИЕ

Author(s): Jürgen Brand / Language(s): Bulgarian Issue: 1/2024

One of the special conditions that in retrospect proved to be decisive for the formation of Western industrial society is the emergence of the unique occidental urban culture. The guilds as "communes pré-légales" formed the nucleus for this. Without them, the social type of the free and equal citizen, who is loyal to his community, is inconceivable. As "groupements pré-urbains", they brought the forms and spirit of fraternity by oath to the emerging cities. As "initiatrices de l'autonomie urbaine" they secured political and commercial self-government in the city and territory vis-à-vis the authorities. In the view of Max Weber, the uniqueness of the occidental city is correspondingly linked to the associational character that occurred there, and also Otto Hintze pointed out that the European development into a free community was a singular phenomenon that had not occurred in this form anywhere else. Although there were guilds and similar associations of persons in the East, for example in China, the decisive difference to the European groups lay in the fact that the former remained connected to the idea of family, clan and tribal. While the dynastic rule regularly established a vertically structured organization, the "artificial kinship" resulted in a horizontal formation, which was established as a free "union" between the participants by contract and oath was characterized by certain principles. The constitutive feature was the oath that was linked to the treaty and indissolubly bound the "confederates" („Eidgenossen“) to each other. In examining the organizing principles of these "unifications", four areas must be emphasized: 1. The unconditional obligation to assist each other ("against all and everyone"). 2. The professional, social and (or) pastoral support of its members. 3. The primacy of one's own legal system. 4. The order of the Community by law and procedure. The Swiss "Eid-Genossenschaft" of 1291, which, apart from the free imperial cities of the Holy Roman Empire, was the only horizontal association to assert itself at the state level, and still proudly bears this designation today, is a prominent example of the constitutive and at the same time hardened by the oath an association of this form.

Causae matrimonii v uhorskej kánonistike a cirkevnosúdnej praxi prvej polovice 19. storočia

Author(s): Adriana Švecová,Vojtech Vladár / Language(s): Slovak Issue: 1/2024

Legal regulation of Catholic marriage in the modern period may befound in older Canon Law compilations and their rules were revisedand dogmatically supported by the legislation of the Council of Trent.The study examines the post-Tridentine legal basis of the fundamentalinstitutions of personal marriage law of the Catholic Church that enabledthe solving various matrimonial disputes (causae matrimonii) and theirother legal and social consequences. Following the doctrine on theprincipal of the indissoluble sui generis matrimonial contract, the authorspresented the substantial law and procedural law aspects of Canon Lawinstitutions, which were applied while declaring a marriage null andvoid or dissolving it. They paid attention also to the then often appliedmatrimonial institution – separation from table and bed that did not causetermination of marriage, but enabled the married couple to permanently ortemporarily interrupt matrimonial cohabitation. In addition to theoreticalresearch they proceeded also to search in the Slovak private archives ofthe Catholic Church (specifically in the Archive of the Archdiocese ofTrnava) for the purpose of proper illustration of the presented Canon Lawregulations of the late modern period with the probes into the familiaristicsof Church courts in the Kingdom of Hungary at the beginning of the 19thcentury.