Legal Aspects of the “Windows of Life”
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th is study addresses a very important and controversial issue of the legal aspects of the socalled “windows of life’s” operation and functioning. Th e authors present the concept of windows of life as well as explain key issues that arise in discussions on the topic. Based on the content of the Convention on the Rights of the Child, they present a doctrinal approach to the terms of the right to life and the right to an identity. Another issue considered by the authors is granting primacy to one of those rights. Th e authors attempt to decide whether, from the point of view of the child’s welfare, it is more important to save his life or protect his identity and the opportunity to learn about his ancestors and biological origin. Furthermore, the article presents arguments for and against the need for the windows of life. Th e authors examine the views of the doctrine and practitioners, refl ect on the meaning of life and existence of the windows, and present their legal regulation. In summary, the authors draw conclusions from their considerations and present proposals de lege ferenda.
Authors and Affiliations
Paweł Czaplicki, Zina Zina Kroczek-Sawicka
Dylematy regulacji dziedziczenia ustawowego dzieci małżonka spadkodawcy (art. 9341 kc.)
Th e circle of statutory heirs cannot be accidental. Th e inclusion into Polish law of children of the deceased’s spouse to this circle is associated with the concept of the legislator to establish a wide range of potent...
The Participation of a Social Factor in Criminal Proceedings in the Light of Court Judicature
The paper presents the problem of the perceived participation of social factor in a criminal trial compared to the existing jurisdiction of common courts and the Supreme Court. Th e article is an attempt to assess the ex...
The Eff ectiveness of Victim-Off ender Mediation in Criminal Proceedings Carried Out in 2011-2014 in the District Court of Białystok in the Light of Files Research
Th is article is based on the results of scientifi c research conducted within the project “Th e pilot implementation of the Community Court model in Poland as an institutional bridge between the judiciary, local governm...
Th e Pedagogy of Placements in Criminology Teaching: An Interactive Parallel Model of Criminological Learning
Formalised placements in criminological programmes are not a widely used teaching strategy in England and Wales (United Kingdom). Th is article presents the fi ndings of a small study which explored how placements reinfo...
„Orzekanie w granicach środka odwoławczego” – w kwestii prawidłowej wykładni przepisu art. 433 § 1 kpk.
Th is article describes the scope of jurisdiction over a case in the second instance in three legislative states of criminal procedure. Th e scope of jurisdiction of the case is a basic term in the perspective of the rig...