Gloss to the decision of the Constitutional Tribunal of 28 April 2022, ref. no. SK 88/20

Abstract

The case before the TK concerned a socially important issue. As Sejm, a participant in the proceedings before the TK, noted: "[...] the existing legal state of affairs, limiting the scope of protection of the guardian in the event of incapacity due to disability, is not reconcilable with the state's obligations under Article 71(1) of the Constitution. This provision stipulates that the state, in its social and economic policy, takes into account the welfare of the family, and families in a difficult material and social situation, especially those with many children and incomplete children, have the right to special assistance from public authorities "This assistance should be special", i.e. beyond the scope of ordinary needs. In the case under consideration, it is clear that the legislator has not ensured that carers are entitled to social security in the event of the onset of disability. Thus, it did not ensure the family's social protection in case of health loss or the breadwinner's life.