Abstract

Issues related to dependent persons include various types of legal solutions that bring about certain rights for a given person as well as obligations to other private law entities and public authorities. Therefore, the status of a dependent person must be analyzed in the context of the Constitution of the Republic of Poland. This act determines the position of an individual in the state and defines the framework of protection that public authorities must provide him or her with.

Although the concept of “dependent person” does not appear in any of the provisions of the Constitution, it should be recognized that its status is determined by constitutional principles. In particular, they are the principle of dignity, the principle of social justice and the principle of subsidiarity.

The constitutional catalog of human rights points to the need to support dependent people, including the need to provide them with a minimum subsistence and access to medical care, and also the obligation to create appropriate conditions for them to participate in social life according to their own needs.

The legislator has great freedom in shaping the institutional system of support for dependent people. It must take into account the principle of subsidiarity and other values. In particular, it must ensure that the dignity of dependent people is not violated.