http://hdl.handle.net/11320/1617 Tue, 30 Jun 2026 18:36:36 GMT 2026-06-30T18:36:36Z http://hdl.handle.net/11320/20582 Tytuł: Commentary on the Resolution of the Full Bench of the Civil Chamber of the Polish Supreme Court of 4 March 2025 (III CZP 6/24): Approbative Gloss Autorzy: Drozdowska, Urszula; Wnukiewicz-Kozłowska, Agata Abstrakt: This article discusses the resolution of the Polish Supreme Court of 4 March 2025, III CZP 6/24, which constitutes a breakthrough in Polish jurisprudence concerning the procedural framework in cases relating to the legal determination of the gender of transgender persons. The resolution departs from the previously established rule that the occurrence of transgender does not provide grounds for rectifying the entry specifying gender in a birth certificate (resolution of the Supreme Court of 22 June 1989), opening the possibility of changing the gender designation in a birth certificate at the request of the person concerned, with effect ex nunc – that is, from the date on which the judgment becomes final and binding, not retroactively. The legal basis for this approach is Article 36 of the Law on Civil Status Records, applied per analogiam. In this manner, the previously developed judicial model based on adversarial proceedings (Article 189 of the Code of Civil Procedure) has been replaced by a non-contentious judicial model, in which the interested person files an application, without the necessity of bringing an action against his or her own parents. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/20582 2026-01-01T00:00:00Z http://hdl.handle.net/11320/20580 Tytuł: Wykonywanie kary pozbawienia wolności wobec osób transpłciowych w Polsce Autorzy: Kowalewska-Łukuć, Magdalena Abstrakt: The article is an analysis of the issue of how transgender people’s prison sentences are implemented in Poland. The basis for highlighting the various problems analysed in the article was the European Court of Human Rights’ judgment of 2024 in the case of W. W. v. Poland. The result of the considerations undertaken here is an argument about the necessity of adjusting Polish criminal executive law to international standards in the field of carrying out the punishment of transgender persons. To this purpose, English and Welsh legal solutions have also been used. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/20580 2026-01-01T00:00:00Z http://hdl.handle.net/11320/20573 Tytuł: Płeć a tożsamość płciowa pracownika – rozważania na tle zakazu dyskryminacji w zatrudnieniu Autorzy: Domańska, Monika; Czerniak-Swędzioł, Justyna; Matuszak, Michał Abstrakt: This article analyses the relationship between the concept of gender and an employee’s gender identity within the broad context of prohibiting discrimination in employment. The starting point for this analysis is an attempt to reconstruct the normative meaning of gender and to identify the consequences of the binary gender model for the employment situation of transgender and non-binary individuals. The author examines whether and to what extent anti-discrimination protection for such employees can be derived from gender or from a separate discrimination criterion, namely gender identity. A multi-level analysis of regulations, case law, and legal doctrine leads to the conclusion that the lack of an explicit regulation regarding employees who do not identify with their birth gender does not exclude the employer’s obligation to treat such employees equally to employees who do not question their male or female gender and to prohibit discrimination in employment at all stages. The article proposes considering the concept of reasonable accommodation as an instrument for adapting working conditions to the needs of employees with a non-binary gender identity, while maintaining the principle of proportionality and the limits resulting from the applicable legal system. The discussion is conducted using a dogmatic-legal approach, emphasizing the importance of systemic and functional in terpretation in resolving conf icts between the norm and the practice of the contemporary labour market and employment. The conclusions are de lege ferenda postulates and a starting point for further discussion on the significance of an employee’s gender identity as a prohibited criterion for employment discrimination. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/20573 2026-01-01T00:00:00Z http://hdl.handle.net/11320/20572 Tytuł: Wybrane aspekty prawne transseksualizmu w Hiszpanii Autorzy: Załucki, Mariusz; Stępień-Załucka, Beata Abstrakt: The issue of gender reassignment has been the subject of increasingly intense public debate for some time now. Different legislatures respond to the signals coming from these debates in different ways: some legal systems have already regulated these issues, while others have not yet been able to choose the optimal legislative solution and still do not specify many issues in the applicable law. One of the legal systems where the issue of the legal regulation of transsexuality arises from time to time is Polish law, which, however, lacks comprehensive regulation of this matter. Over the years, the legislature has considered various drafts on this subject with varying intensity, but has not yet decided to introduce any legal regulation; the impression is given that Poland is still searching for the optimal solution to the problem of gender reassignment. Spain, one of the countries with extensive experience in this area, has legislation that currently contains very progressive and controversial legal regulations on transsexuality. Its basic principles may be valuable in further Polish discussions on the optimal shape of legislation in this area; this article therefore presents these solutions, describing their historical development, current wording and the first practical controversies related to their everyday application. The aim is to outline the gender reassignment procedure in Spain. The article is based on a dogmatic-legal analysis of Spanish regulations concerning gender reassignment, supplemented by an analysis of doctrine and case law, as well as elements of a functional and comparative legal perspective. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/20572 2026-01-01T00:00:00Z