Disease as an obstacle in the exercise of public functions in international and national law
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Date
2018-07
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Alcide De Gasperi University of Euroregional Economy in Józefów
Abstract
Purpose: The purpose of the article is to explain the problem of the disease as an obstacle
in the exercise of the highest functions and public offices. The analysis of international and
national regulations making the highest functions and public offices dependent on the
health status of candidates was made.
Methods: The article was prepared on the basis of the following research methods: legal
dogmatic, systematic and comparative method. In the alternative, the systematic method
and case law analysis were used.
Results: The research confirmed the thesis that the existing health regulations of officers
are functional. Their aim is to provide state protection in the event of illness of a person
responsible for the public sphere.
Discussion: Further research should be given to whether the solutions proposed by
the national legislator are partially compatible with international regulations obliging
candidates for public office to undergo medical examination or disclose certain medical
data, including the scope of health information.
Description
Keywords
diseases, illness, public officials, public health, international law, constitutional law
Citation
Disease as an obstacle in the exercise of public functions in international and national law [Choroba jako przeszkoda w sprawowaniu funkcji publicznych w prawie międzynarodowym i krajowym], [in:], From human rights to essential rights, M. Sitek, L. Tafaro, M. Indellicato (eds.), Alcide De Gasperi University of Euroregional Economy in Józefów, Józefów 2018, pp. 205-216;