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THEORETICAL AND CONSTITUTIONAL ASPECTS OF THE PRINCIPLE OF POSITIVE DISCRIMINATION REGARDING NATIONAL MINORITIES
Ewa Ganowicz
Abstract
RESEARCH OBJECTIVE: Analysis of the theoretical aspects of the principle of positive discrimination, constitutional conditions of its application in relation to national minorities in Poland.
THE RESEARCH PROBLEMS AND METHODS: Many sciences are interested in the issue. The principle fits into the conception of democracy described as values, procedures, and in the substantial sense. In Poland positive discrimination is a principle established in the Constitution. There are many areas where national minorities are at a disadvantage, which requires preferential measures. The analysis uses linguistic, teleological, systemic and legal-systemic analysis methods
THE PROCESS OF ARGUMENTATION: After terminological considerations on the nature and substance of the principle, the analysis of its specificity as a tool for balancing disadvantages of minority groups, and its place in the implementation of democratic principles, the author examines the legal conditions for the implementation of this principle. The subject of interest is the provisions of the 1997 Constitution of the Republic of Poland, of the National and Ethnic Minorities and Regional Language Act, and also those included in the Electoral Code, designed to facilitate participation of members of national minorities in political rivalry.
RESEARCH RESULTS: In Poland for 20 years positive discrimination exists as a principle articulated in the Basic Law. Although the percentage of minorities in Poland is hardly perceptible, the situation of members of these groups requires some support. It is particularly important to compensate for disparities in political participation. Implementing of the rule does not seem to be a problem.
CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: Although in the Constitution the principle of positive discrimination has existed for 20 years, national minorities can enjoy preferential treatment for about a decade. This is an extremely necessary tool for the consolidation of democracy. In Poland, it still functions only in its institutional form, subject to legal regulations. This is related to the level of development of democracy and the building of civil society. Awareness-raising actions are needed, so as to slowly introduce activities that are encouraging not only the minorities themselves to work to improve their position, but also to direct the organizations to ethical standards in the field.
Keywords
positive discrimination ; principle of equality ; affirmative action ; national minorities
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