Studia Paradyskie, 2021, t. 31

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Przeglądaj Studia Paradyskie, 2021, t. 31 wg Autor "Walczak, Paweł"

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    Walczak, Paweł (Wydawnictwo Pallottinum, 2021)
    The aim of the article is to analyze one of the most important issues in the field of philosophy of law, which is the problem of determining the foundations of children’s rights. The consequence of divergent interpretations of the essence of children’s rights are attempts to undermine the legitimacy of creating this category of human rights, especially in the context of possible conflicts of children’s rights with other types of human rights, as well as towards of apprehensions that emphasizing children’s rights may pose a threat to family. The author of the article, referring to the basic documents of international protection of human and children’s rights, argues in favor of interpretation of these rights referring to the concept of human dignity. Starting from the conclusion that children’s rights are part of human rights on the basis of philosophy, it is justified that the source of rights is the fact of human being and the dignity attributed to the human existence. The author recalls the thought of Janusz Korczak, who already in the interwar period presented the concept of a child as an autonomous person, having his own natural rights, separate from an the adult one. At the same time, he pointed to the child as a person endowed with a right, both in the family, in society and in the state. This thought was at the heart of the Convention on the Rights of the Child.