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3 Studia Iuridica

3 Bach-Golecka D.

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Motherhood and law: Reflections on human rights provisions and selected judgments of the European courts

100%

Bach-Golecka D.

Studia Iuridica

2021

tom 90

24-57

The article focuses upon the phenomenon of motherhood within international and European legal contexts. The initial remarks concern the analysis of motherhood as an activity deeply rooted in interpersonal relations, in accordance with the feminist theory of care. Relevant human rights provisions dealing with motherhood are identified, and the scope of mothers’ legal entitlements and public authorities’ duties is analyzed. Selected case-law of the European courts is presented, in order to identify the obligations of public authorities related to providing support to the relationship between mother and child. The selection of cases is based upon their impact on bioethics, healthcare, and medical services. Therefore, the overall goal is to examine the hypothesis of prospective correspondence or lack of correspondence between the provisions of human rights treaties on motherhood (law in books) and courts’ adjudication (law in action). In the final part of the article concluding remarks and observations are offered.

The evolution of papal social thought on indigenous peoples

100%

Bach-Golecka D.

Studia Iuridica

2023

tom 96

21-30

The aim of the paper is to present the evolution of papal social teaching on indigenous peoples’ rights from a historical perspective. It seems possible to distinguish various phases of the Catholic standpoint based on the factual, historical background: medieval challenges of infidel peoples, the Indian question during the colonization period, the impact of modernity: class struggle and the Catholic social teaching, and finally, the contemporary globalization era during the present pontificate of Pope Francis. The common threads of papal teaching concern, firstly, the evangelizing mission of the Church to bring faith to overseas peoples and, secondly, human rights of indigenous peoples. The human rights perspective is inextricably linked with the principle of self-determination, understood as the foundation of good governance.

Women’s rights and pro-life movement: opposition or harmony?

100%

Bach-Golecka D.

Studia Iuridica

2023

tom 99

9-40

The aim of this article is to focus on women’s rights and how these rights correlate with pro-life stance: Are those in opposition to one another or in harmony? In order to answer this question, an analysis of the notion of women’s rights has been performed. Moreover, the categories of the rights of pregnant women and reproductive rights are also examined. The normative analysis of human rights provisions concerning the scope of the protection of the right to life in the pre-natal phase is made, alongside the examination of relevant judicial decisions, namely: the Court of Justice of the European Union in the "Grogan" case (1991), the Supreme Court of the United States judgments in "Roe v. Wade" (1973) and "Dobbs" case (2022), the European Court of Human Rights in "Bouton v. France" (2022) and the Polish Constitutional Tribunal judgment on prohibition of eugenic abortion (2020). In conclusion, the arguments concerning the mutual relationship between women’s rights and the pro-life and pro-abortion movements are presented, with a final standpoint on the noble character of the pro-life stance, based on human rights protection due to solidarity, altruism and cosmopolitan values.