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PL
The participation of a child as awitness in acriminal trial is of particularly great importance, because sometimes the testimony of a minor is the only source of information on the offense. In this article the authors discuss interrogation of child witnesses on the basis of Art. 185a and Art. 185b of the Code of Criminal Procedure in theory and practice.
EN
The main subject of the analysis is the question of conformity with Poland’s Constitution of the possibility of carrying out clinical trials on minors. The author concludes that the provisions of Article 31 of the proposed regulation of the European Parliament and of the Council on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC, providing for the possibility of conducting clinical trials on minors, which are not aimed to be delivered for health benefit of those persons, are inconsistent with Article 39 of the Constitution of the Republic of Poland.
EN
The purpose of the article is to analyse the role of diagnosis in criminal proceedings against juvenile offenders. Firstly, the conditions of juvenile criminal liability in France are presented. It is emphasised that the basic condition is being able to discern the act committed. The second part concerns the measures ordered by a judge for minors to gather information about the minor, their family situation and functioning environment. In the conclusion, the role of diagnosis in criminal proceedings is described. It is worth emphasising that the diagnosis in the French system provides support for a judge and conditions the juvenile criminal liability.
4
Content available remote Informed consent of minors with a special focus on the Czech legal regulation
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EN
This article is focused on the examination of the law concerning medical treatment of minors, that is, persons under the age of 18. The first part of this article brings a short overview of the international documents regulating the rights of the child and specifically children’s rights within the area of health care provision. This article analyzes the issue of the maturity and competence of children and discusses whether persons under the age of 18 may be regarded as being capable of consenting to medical treatment. Furthermore this article brings a short comparative overview of the laws concerning medical treatment of minors in different countries and tries to extract the common features of the regulations in the different countries. Finally, the last and longest part of this article analyzes the issue of the capacity of minors to consent to medical treatment in the territory of the Czech Republic from the historical perspective and brings a structured overview of this issue under the current Czech laws.
EN
In this article a few texts by Czesław Czapów published in the “The Pedagogical Quarterly” in the years 1957–1971 (two articles, three reviews and one report from a scientific session) are being discussed. Taking into account the content of Czapów’s papers, I focus mainly on the relationships between the various environmental factors (mostly family and peers) and the riotous and criminal behaviours of minors. This I still find a very current and important problem. The starting point was to show the differences in defining the riotous behaviour and criteria for deciding on the hooligan nature of crime in legislation and in practice of the judiciary. The given characteristics of hooligans takes into account the reasons and motivations of their comportment as well as the phases of the “social derailment”. Particularly important was to show Czapów’s reflection on the importance of family and peer group in this process.
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EN
The media usually promote a negative image of the German „Jugendamt”. Meanwhile, the Youth Welfare Office (Socialgesetzbuch VIII Kinder- und Jugendhilfe) based on the bill SGB VII, has been established directly to help the families s affected by problems. Basically, this help is limited to supporting parents and caretakers in providing the welfare and education for the children. However, in the most drastic cases, the help system is expected to locate a minor in a foster environment. Federal Statistical Offi ce registers a systematic growth in the number of minors that are in various forms of care outside the family. In 2016, the number included 174 800 persons (in 50% of cases the withdrawal of parental rights was dictated by the parents’ incapability of coping with parental issues). The German institutional model of foster care designed for minors living abroad is characterized by introducing minors to care homes (Standprojekt), encouraging them to participate in yacht cruises (Schiffprojekte) or so-called travel projects (Reiseprojekten). In accordance with the German regulations, the children of foreigners under 18 are considered minors, thus if they travel without adult supervision, they are deemed unaccompanied minors and are consequently put under the care of the Youth Welfare Office.
EN
Before a young person is placed in a correctional facility, a series of interventions are undertaken towards him or her, which have the potential to stop criminogenic behaviour and break the causal chain leading to crime. In this paper, a qualitative analysis of the biographies of 60 minor offenders was carried out using the case study method while they were in rehabilitation facilities (correctional institutions or minor shelters). The personal documents collected by the rehabilitation institutions contain a large quantity of information (interviews, diagnoses, and expert opinions) about minors against whom several systemic interventions were previously applied in the course of their lives. The results show the large number and variety of interventions made towards minors, which ultimately did not prevent their placement in rehabilitation facilities because they were usually made too late.
8
Content available Interests of socially maladjusted youth
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EN
The article concerns the interests of socially maladjusted youth. Among others the social and demographic features of the pupils of the social rehabilitation facility were presented. Research was carried out to determine the differences between socially maladjusted youth and young people who do not conflict with the law in terms of the number of interests held, their type and commitment to implementation. It was established that among the surveyed boys from the Youth Educational Centre there is a great interest in craft professions such as: car mechanic, electrician, baker, construction worker, carpenter. In addition, the results of the research revealed the preferences of boys not socially adapted to perform in the future, among other things, the profession of teacher, social worker or educator.
EN
The study concerns the principles of juvenile criminal liability. The model of dealing with minors is a rational one. The rules, manner and procedure of dealing with such persons differ signifi cantly from the principles of adult responsibility. Solutions applied to minors are aimed at ensuring their proper development. They are to counteract their stigmatisation and social exclusion. The criminal liability of young perpetrators has given rise to a number of practical and theoretical controversies for many years. First of all, it should be emphasised that one legal act will hold an adult liable, and another, a minor.
10
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EN
The family home should be the place where children and youth want to return, and parents should be people to whom they can always turn to for help. Lack of proper relationships with parents in particular adversely affects youth. Therefore, the aim of the research was to determine how minors from probation centers function in a family environment. The study was conducted among minors from probation centers operating at the District Court in Lublin. The results obtained show that the examined minors do not have appropriate relationships with parents and it is necessary in their case to carry out preventive and educational activities both for them and their parents.
EN
The article outlines the problems and research prospects of one of the most common legal institution that was typical of the old-Polish gentry families – the guardianship of minors, which has not been researched in the historical literature so far. The author reminds that in the ancient Polish law there were four ways of establishing the guardianship of minors, which were called: paternal, natural, official and autocratic. Each one of the four might commence only when the previous one had ceased. The author presents the most important findings made by law historians and underlines that they treat with the practical functioning of the guardianship in the reality of the 17th-century gentry of the Crown only superficially. We might familiarise with that practice thanks to other than normative sources, massive in character, namely the old-Polish last wills. In addition to establishing the guardianship, they contain many hints on how to educate and bring up minors. Undoubtedly, the most interesting question is what the guardians were actually doing. And here the essential question is whether their guardianship was good enough, whether they took care of the child (upkeep, upbringing, education) and of the child’s property. One of the objectives of the author of this article will be to present the most common activities undertaken by guardians, that is to say the ‘model’ behaviour of guardians. At the same time – wherever it is possible – it is worth attempting to present the reaction of the children to their guardians’ actions. In this context, there appears a fundamental problem of the scale and kinds of the abuses committed by the guardians, first of all concerning the minors’ land properties, including delaying the people they were in charge of entering into marriage in order to extend the period of their running their land property. An exceptionally important function of the institution of guardianship in the life of the gentry family combined with the research possibilities included in the 17th-century sources offer optimistic prospects for a comprehensive study, which would present the guardianship in gentry families and facilitate a better understanding of how the gentry family functioned in the Crown in the modern times.
Prawo
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2014
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nr 316/1
205 - 219
EN
The present study concerns the problem which is related to the inherent conflict between the protection of human rights and the possibilities offered by modern medical technology. Moreover, such specific topic as genetic tests is analyzed in relation to the particular entity like minors. The attempt at solving the above issue is Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine and Additional Protocol concerning Genetic Testing for Health Purposes. In accordance with the above-mentioned provision, minors require more intensive protection because of their incapacity to form legal situation by themselves. The most essential is general principle established significantly restriction in the possibility of genetic tests. All strictly formulated terms required cumulative fulfilment. This special regulation ensure in appropriate way respect for the rights and interests of minors To sum up, carrying out genetic tests for health purposes on minors are permitted exceptionally. The above thesis finds support in rules of international law which set standards in this area.
EN
The present paper focuses on foreign minors: between family and school in a pedagogical perspective. Themes and problems are presented in four main areas: the foundational framework of interculture in a pedagogical perspective; the family as the main observatory and migration project, characterized by development and education tasks involving all its members, with particular attention to their roles and functions, and the role of family and parenting support services; the processes of education / literacy and socialization / education as practices that affect the school curriculum (in its different orders and degrees), addressing also the issues of language and work as the main means of cultural and social integration and inclusion; the professional figures (in initial training and in-service), with specific reference to the educational care provided by teachers, socio-pedagogical professional educators and pedagogists. The paper adopts the perspective of general and social pedagogy, considering also intercultural factors and Adult Education. Moreover, it incorporates the contributions of educational sciences. In terms of sources, it is based on the studies, research and projects in the field, while, at a methodological level, it stems from an investigative approach centered on the dialogue between theory and praxis. Its aim is to offer possible lines of evolution and unchartered bases for educational planning.
14
Content available remote Participation of children in legal proceedings for the care of minors
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EN
The protection of children and their rights is one of the fundamental topics in all democratic states. The objective of the quantitative research was to find out how minors are engaged in the court proceedings regarding their upbringing and whether the court takes their views into account when it comes to decision-making. The research is rooted in two key concepts – child participation and the form of their participation. Method: The research sample was made up of court decisions involving the upbringing of minors, and finally and firmly terminated in 2015 and 2016 at two district courts in one region in the Czech Republic. The content analysis of documents was used to collect the data. Results: The final selected data resulting from one-dimensional and two-dimensional analysis deliver interesting, and often alarming findings. Discussion: The resulting data are in conflict with valid legislation, but they often confirm the rigid Czech judiciary practice in the area of decision- making when it comes to the upbringing of a minor. All these findings are properly discussed.
PL
The article is of a theoretical and research nature. The theoretical part outlines the specificity of a social rehabilitation centres for minors and refers to the definition of self-sufficiency. The subject of the research was the empowerment of juveniles staying in youth educational centres. Their aim was to find out the answer to the problem: what methods and forms of work are used by youth educational centres to prepare minors for a self-sufficient life after leaving them in the following spheres: family, professional, social and civic? The project was carried out in three selected youth educational centres. The data was obtained using the pedagogical monograph method, for which the document analysis technique was selected, supplemented with an original data sheet acting as a research tool. The research was conducted in the mainstream of the qualitative approach identified with the interpretative paradigm, which allowed for the abandonment of hypotheses.
16
Content available remote Policja jako podmiot odpowiedzialny za walkę z przestępczością nieletnich
75%
PL
Celem pracy jest omówienie działań Policji w odniesieniu do zwalczania przestępczości młodzieży. Problem badawczy został zawarty w formie pytania - w jaki sposób Policja odpowiada za walkę z przestępczością nieletnich? W pracy scharakteryzowano symptomy niedostosowania społecznego wśród młodzieży i wskazano szereg czynników kształtujących społeczne determinanty popełniania przestępstw wśród młodzieży. W artykule wykorzystano przede wszystkim metody krytycznej analizy literatury przedmiotu oraz syntezy.
EN
The aim of the work is to discuss the activities of the Police in relation to combating youth crime. Symptoms of social maladjustment among young people were characterized, and a number of factors shaping the social determinants of committing crimes among young people were indicated. The study mainly used research methods such as: critical analysis of the literature on the subject and synthesis.
PL
Celem pracy jest omówienie działań Policji w odniesieniu do zwalczania przestępczości narkotykowej wśród młodzieży. Scharakteryzowano miejsce, funkcje i zadania ustawowe Policji oraz miejsce tej formacji w systemie bezpieczeństwa i porządku publicznego. W kolejnej części pracy odniesiono się do wyjaśnienia podstawowych pojęć na płaszczyźnie analizowanego zagadnienia oraz ukazano uprawnienia i procedury stosowane przez Policję w postępowaniu z nieletnimi na przykładzie wybranych elementów.
EN
The aim of the study is to show the role of drugs as a factor underlying the emergence of social pathology among adolescents, which is drug addiction. Initially, the genesis of the concept of social pathology was presented based on the literature on the subject. Then, the types of psychoactive substances were characterized, their effects on the mental and physical spheres, and their place in the life of contemporary youth. In the work, as part of the research method, mainly problem and comparative analysis was used in the field of subject literature and thematic monographs.
EN
The article describes the present the situation in the Church in the Czech Republic in relation to the topic of sexual abuse of minors in terms of extension of cases, education in the topic, church documents and measures adopted and prayer initiatives. It also discusses the specific factors that make it difficult to accept the reality of the existence of sexual abuse of minors by clerics also in the Catholic Church in the territory of the Czech Bishops Conference.
EN
The article describes the present the situation in the Church in the Czech Republic in relation to the topic of sexual abuse of minors in terms of extension of cases, education in the topic, church documents and measures adopted and prayer initiatives. It also discusses the specific factors that make it difficult to accept the reality of the existence of sexual abuse of minors by clerics also in the Catholic Church in the territory of the Czech Bishops Conference.
20
Content available EFFECTS OF SPORT IN RESOCIALIZATION OF MINORS
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EN
The author of the article presents the influence of physical activities on socially maladjusted youth, on the basis of desk research analysis, as well as using personal observations conducted during serving as a probation officer for a period of two years. The observations were conducted on a group of 11 male and female minors advised physical activities, as one of the means of influence in the process of resocialization. The article focuses on two social environments, where the resocialization process may take place – the open environment and the institutional environment. The author presents the process of resocialization, its goals, methods used in it, and the reasons why this process is so significant. The aim of the article is to show the changes occurring in the behaviour of young and socially maladjusted people as a result of participating in sports activities. The author’s final conclusions indicate the positive effects of physical activity as a means of influence.
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