Dziecko-rodzice-państwo w kontekście świadczeń zdrowotnych edukacyjnych i przemocy domowej [The child – parent – state in the context of educational health services and domestic violence]

The ILS PAS publishing house has published the first monograph from the Basic Research series: a collective work entitled The child-parent-state in the context of educational health services and domestic violence, edited by Małgorzata Łączkowska-Porawska, PhD, which contains studies by Joanna Haberko, PhD, Professor at Adam Mickiewicz University, Katarzyna Jadach, PhD, from Adam Mickiewicz University and Paulina Wiktorska, PhD.

Published in the Open Access model, the publication was created as part of a grant awarded by the National Science Centre: ‘Minors vs parents and the state: Contemporary Polish legal conditions of implementing the principle of child welfare and participation’ (agreement with NCN no. UMO-2015/19/B/HS5/03014). It is available in the e-Law Library for all users.

Optionally, we encourage you to read individual chapters:

• Joanna Haberko,Prawnownomedyczne relacje rodzice–dziecko–Państwo
• Katarzyna Jadach,Oświatowe konteksty wykonywania pieczy nad małoletnim
• Paulina Wiktorska,Dziecko w sytuacji przemocy w rodzinie w ujęciu kryminologicznym

In her editorial review, Dr hab. Anna Sylwestrzak, Prof. of UG, notes that ‘the publication offers a broad look at the legal situation of parents, children and public authorities and their mutual relations from the perspective of several branches of law (especially civil, administrative, constitutional, criminal and international law). In addition to the use of the formal-dogmatic method, typical for the study of law, the author also looks at the issues from a sociological perspective, which makes it an interdisciplinary study. … The monograph not only organises the current state of knowledge on the subject, but also indicates the proper directions for interpreting the binding norms and their weaknesses that require the intervention of the legislature. The analysis is more up-to-date, as it presents the current legislative work.

Thanks to the clarity of the arguments, despite the high degree of specialisation, the book can be a valuable guide for practitioners (judges, probation officers, attorneys and legal advisors, as well as people working in other legal professions or social workers) or anyone interested in the subject. Because of its original academic contribution, the monograph will be another voice in doctrinal discussions.’

In the Introduction, Małgorzata Łączkowska-Porawska, PhD, points out that although the legal issues discussed in the monograph do not exhaust all the complicated issues of implementing the principle of child welfare, the principle of parental primacy and the principle of the subsidiarity of the state, they are an example of the interpenetration of private and public law serving this purpose. The complexity of legal regulations on minors, shown in the three following chapters, is a consequence of the high degree of social and legal complexity of the issues discussed. This study covers three areas of the rights of children, in which it is necessary for the state to take definite steps, such as the organisation of the health care system, the educational system and the protection of minors from domestic violence.

The first chapter is devoted to the problem of guaranteeing a child the protection of his or her health. Dr hab. Joanna Haberko, Prof. of UAM, draws attention to the role of parents who, when exercising parental authority, are obliged to take care of their child’s health through prophylaxis, diagnostics and therapy. The state, on the other hand, is obliged to guarantee access to medical care in these areas, especially when it is necessary to provide health services. In the second chapter, Katarzyna Jadach, PhD raises the issue of the influence of educational law on parental authority. In the third chapter, Paulina Wiktorska, PhD focusses on the legal protection of the child against domestic violence.

Editor: Dr habil. Małgorzata Łączkowska-Porawska
Reviewer: Dr habil. Anna Sylwestrzak
Year: 2020
ISBN: 978-83-66300-25-5 (pbk.)
e-ISBN: 978-83-66300-26-2 (ebook)
Pages: 124
Available: paperback, ebook: pdf
Price: pbk. – 24.90 PLN gross, ebook: OA

See the Authors’ other books available in the ILS PAS Publishing House: