Kilka uwag o wyznaczeniu podmiotowego zakresu ochrony praw mniejszości narodowych i etnicznych

Abstract

The scope of persons entitled to make use of rights conferred to national and ethnic minorities is determined by the very definition of these collectivities. Legal definition of national and ethnic minorities enshrined in the Act on Protection of National and Ethnic Minorities and on Regional Language contains some elements that have a limiting effect as to scope of persons eligible to exercise rights guaranteed therein. In consequence, some national and regional groups leaving in Poland remain outside the scope of the application of the said Act. These limitations include first and foremost the requirement that a collectivity that wishes to gain the status of a national minority has to live in the territory of the Republic of Poland for at least a hundred years. Such a restrictive approach adopted by the legislator can hardly be reconciled with the guaranties conferred to na tional and ethnic minorities laid down in Article 35 of the Constitution of the Republic of Poland, especially when one takes into account that constitutional rights and freedom should be interpreted in a way which favours individuals and their groups to the possibly highest extent.