Joanna Buchalska

Freedom of religion vs. airport security checks

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The Court adjudicated the cassation claim of the claimant, challenging the judgment of the Court of Appeals in Warsaw rejecting the claim of the claimant – a Sikh – alleging the infringement of his personal rights. During the security check, he demanded to be able to take off his turban in a secluded place without the presence of other guards, but this was refused by the officials in charge. Upon this ground he asserted the encroachment of his freedom of conscience and religion – and hence, an infringement of Articles 23 and 24 of the Civil Code of Poland (specifying the concept of personal rights and remedies in the case of their violation).

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Posted on by Joanna Buchalska in General Issues

Is the sacrament anointing the sick without authorisation an infringement of the personal good?

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In a judgment of 20 September 2013, II CSK 1/13, the Supreme Court addressed the problem of granting the sacrament of anointing the sick to a non-believer. The claimant was a patient at the Independent Public Clinical Hospital in the Cardiac Surgery Clinic. After the operation he was placed into a pharmacologically induced coma. Remaining in this state, he was granted the sacrament in question by a priest who was a chaplain contracted by the Hospital. The claimant learned about it while checking the medical documentation after leaving the hospital.

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Posted on by Joanna Buchalska in General Issues