Status i ochrona prawna mniejszości narodowych i etnicznych w Polsce

Abstract

The aim of the article is to determine the legal status of national and ethnic minorities in Poland. The starting thesis of the research is the statement that the policy of national minorities' rights protection is a constantly creating area and it has a dynamic character. In cases of studying certain legal phenomena and the need for their simultaneous qualification, references are made primarily to the existing stock of known institutions in the hope of finding those that could accommodate the studied fragment of legal reality. Thus, the article considers how useful in relation to groups of national minorities is, for example, the concept of non-discrimination, from the assumption of which it follows that the creation of specific regulations, allows the realization of certain protection of minority rights. The research method is the analysis of normative material, mainly Polish law and the position of Polish doctrine. The adopted solution is supported by the fact that the issue of national minorities is a specific Polish model, based on a specific historical background, despite the fact that currently national minorities are not numerous in Poland. The subject of the analysis is also the jurisprudence of the Supreme Court, the Constitutional Tribunal and the Court of Justice, mainly concerning the interpretation of the issue related to the rights of national minorities.