Abstract
<p>The aim of the study is a legal analysis of the provisions criminalizing hate speech in Polish criminal law, in terms of the protection of inherent human dignity in relation to people with disabilities. Rated whether the absence of special protection under criminal law in the area of hate speech provides the proper respect and protects the dignity of persons with disabilities in Poland, to the same extent and degree as other people. The doctrine of criminal law protection against hate speech was discussed. It was analysed why hate speech against people with disabilities was not penalized and it was shown that legal changes in this area should be preceded by a multifaceted legal analysis, taking into account international standards, and proposals for amendments were characterized by an insufficient justification of the inalienable value of dignity. A discussion was held on the basis of criminalizing hate speech against people with disabilities. It has been shown that extending protection against hate speech to people with disabilities is not questionable and should be based on ensuring that dignity is adequately protected by the rule of law in order to counterbalance limitations resulting from the feature of disability, which is essentially independent of them.</p>
Highlights
Every human being, even those afflicted with a disability of their body or psyche, has dignity and special value from the beginning of their existence until their natural death
The aim of this article is a legal analysis of the provisions criminalizing hate speech in terms of the protection of inherent human dignity in relation to people with disabilities
Steps towards changes in legal protection should be guided by this principle in order to balance the interactions
Summary
Even those afflicted with a disability of their body or psyche, has dignity and special value from the beginning of their existence until their natural death. The protection of persons with disabilities in Polish criminal law is a complex issue. It must be said that, like any human being, a person with a disability is subject to extensive protection by the norms of criminal law. Special care for people with disabilities in Poland should result from, among other things, Article 30 of the. S Polish Constitution of the principle of inherent and inalienable human dignity. The dignity of a human being constitutes his/her subjectivity and autonomy. Public authorities have a special duty to protect human dignity.
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