Legal opinion on the conformity with the Constitution of the Republic of Poland of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine

The author of the opinion claims that Polish legislation is not fully consistent with the provisions of the Convention. There is no guarantee for the implementation of the commitments adopted by Poland because of the lack of adjustment of Polish legislation prior to ratification. The Convention meets only the minimum requirements for the protection of human rights and the dignity of human being. Nevertheless, the Constitution establishes higher standard of protection of human rights and the dignity of human beings than that provided for in the convention. Ratification of the Convention cannot lead to decrease the constitutional standard. The use of classical instruments of international law enshrined in the Convention (reservations and declaration of interpretation) may help remove the inconsistency between domestic law and the Convention