Today the Polish Parliament will deal with the civic bill ‘Stop Pedophilia’. The project was supported by over 260,000 people. The Ordo Iuris Institute prepared an analysis of the bill, which covers the adequacy of the proposed solutions for achieving the fundamental objective – protecting children against demoralizing sex education".
On the 17th of July 2019 a bill initiated by citizens on amending the Act of 6th of June 1997 - the Criminal Code (Parliament issue no 3751) was filed with the Polish Parliament (hereinafter referred to as the "Stop Pedophilia " Bill). The bill was lodged by the "Stop Pedophilia" Legislative Initiative Committee ("Komitet Inicjatywy Ustawodawczej "Stop Pedofilii"), which major initiator is the Pro - Right to Live Foundation (Fundacja Pro - Prawo do życia), supported by many other non-governmental organisations. The Committee had gathered over 260 000 signatures of persons supporting the Bill. It is worth reminding that in accordance with Article 118 section 2 of the Constitution of the Republic of Poland legislative initiative is granted on a group of at least 100 000 citizens. The Bill includes amendments to Article 200b of the Act of 6th of June 1997 - the Criminal Code (Polish Journal of Laws Dz. U. of 2019 item 1950; hereinafter referred to as C.C.) Analysis of the Bill leads to the following remarks:
Both the source literature and the rulings of the Constitutional Tribunal defines "the child" as a minor person (in principle a person who has not attained the age of 18). In accordance with that provision undermining the children's moral sense is construed not only as actions which could influence perpetration of a prohibited act by a young offender, but also perpetration of acts which are permitted, but they may not be deemed educationally desired and adequate to the age and life experience of a person specified by the law as "the child". Therefore passing the "Stop Pedophilia" Bill would contribute to enhancing protection of children against undermining their moral sense.
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