Historia prawa do nauki w polskich konstytucjach

The right to education in the 20th-century Polish Constitutions

“…Regulations as to the right to education are set out in several articles. Importantly, however, the right to education was not included in the context of "subjective rights" but was a manifestation of the implementation of the social tasks of the state (Kierznowski, 2017). Article 118 of the Constitution imposed compulsory schooling in elementary school.…”

“…With this in mind, it should be noted that the broad constitutional regulations regarding the right to education did not match the reality and the actual capabilities of the education system during the Second Polish Republic. Financial difficulties in education, a high percentage of illiteracy, or staff shortages among teachers, combined with the fictional nature of the principle of free schooling constituted a barrier that significantly limited the possibility of implementing constitutional principles (Kierznowski, 2017).…”

“…Adam Szymaniak rightly observes that the nature of human rights formulated in the Constitution of the Polish People's Republic was determined by their inclusion in the "socialist concept of human rights" (Szymaniak, 2001). That is why, as in the case of other civil rights and freedoms, the assumptions of the PRL Constitution as regards the right to education should be seen more as slogans that are part of socialist propaganda, and not as actual subjective rights (Kierznowski, 2017). Human rights in the PRL Constitution were included as relative rights, derived from positive law enacted by the state (Dziobek-Romański, 1999).…”

“…(Journal of Laws of 1999 its actual existence. For this reason, in his opinion, the recognition of the right to education in international acts and constitutional provisions should be seen in terms of recognizing this right, and not bringing it to existence (Kierznowski, 2017).…”