Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1999, nr 1

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    CHORY TERMINALNIE I JEGO RODZINA
    (Wydział Prawa i Administracji UAM, 1999) Górecki, Mirosław
    The increasing number of men falling ill with cancer and the number of decease because of this illness poses more and more strongly the problem of a care of terminally-ill persons. The medicine focuses mainly on curing an ill patient and has neglected the function of care of a dying person. The hospice care offers a help to a person in agony, dying in suffering and loneliness. The article presents the situation of a hospice patient and of his family which is the point of reference for the role and activities of the hospice officers and demonstrates how is this help being appreciated by persons under care. The Author has made his research study in the period 1995 - 1997; the study referred to the ills, their families, hospice volunteers and officers of palliative care, and - finally - to hospice and palliative centres. In particular - the article discusses such issues as qualifying criteria for a hospice patient, methods of getting in contact with the ill, his reactions to his own state of the health and also - the quality itself of social relations as formed before the illness and then - under its influence. 10
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    CZŁOWIEK STARSZY W URBANISTYCE TECHNICZNEJ
    (Wydział Prawa i Administracji UAM, 1999) Rzeczyński, Bernard
    The town-planning and more particularly its technical infrastructure do need to be shaped also with taking into consideration the limitations of mobility and perception abilities of the elderly. There are many persons who are invalid because of their past diseases and are under the pensionable age admitted. The invalidity is decidedly not a result o f the age as such. About 29 per cent of the population in Poland (i.e. over 11 millions people) have more or less serious difficulties in their own mobility. Moreover the average life time increases constantly as well as the share o f the elderly within the society. This is the reason why the anthropo-technology of the town-planning must take into consideration the requirements involved with the ergo-communication of this group which becomes more and more frequently the non-motorised participants in the traffic. The principles of planning the architecture of streets and the traffic organisation as showed by the Author as well as the proposed projection norms as applied in the practice should contribute to abate all the nuisances caused by a non-adaptation of technical elements of the environment to the needs of the third age people.
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    DEMOGRAFICZNE ASPEKTY PROCESU STARZENIA SIĘ LUDNOŚCI POLSKI
    (Wydział Prawa i Administracji UAM, 1999) Wierzchosławski, Stanisław
    The paper discusses the attempt undertaken for to review demographic conditions of the ageing process of the Polish population, as well as for to get to know the mechanism of this process and to formulate next a diagnosis of the present state and, finally, to determine a perspective of development of this process in relation with long-term prognoses. The study is preceded with a comment on general trend of the ageing of populations in Western Europe countries where this process has begun much earlier as a result of advanced demographic transformations in these countries and, consequently — deep changes within the populations. The process of the ageing causes serious changes in the structure of the population age; the changes are considered in relatively long time section and on a basis of retrospective estimations as well as projections made by the Population Department of the UN (1950 - 2050). The process of the ageing leads to a deformation of the so-called principle of „age structure balance” as formulated by G. Sundbàrg; this fact causes a demographic revolution the expression of which is the replacement of „natural balance” with „rational balance”. Such a new situation produces a series of consequences and implications in demographic processes known up to the present. The process of the population ageing is inevitably accompanied with a depopulation process - including all its consequences. The Author considers - sifter Italian demographer A. Golini - the rapidity and intensity of the process of a demographic ageing of the population in Poland and other European countries. The groundwork for these considerations is the period where the population of young people (Lo-19) gets equal to the population of the elderly (L60+). Much attention is paid by the Author to the mechanism of the population ageing in Poland during the XlXth and XXth centuries as well as to the perspective of the mid-XXIst century; the same attention is also paid to looking for an answer to the following question: if our country, similarly to other European societies, shall be able to stand up to numerous challenges resulting from the processes of demographic modernisation and from the ageing of the population?
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    DOCHODY OSÓB W STARSZYM WIEKU A ZARZĄDZANIE RYZYKIEM STAROŚCI
    (Wydział Prawa i Administracji UAM, 1999) Łyskawa, Krzysztof
    The „earning possibility” is generally menaced by four dangers: untimely death, reaching the old age, illness or invalidity, unemployment. The Author of the article is preoccupied with the problem of losing the earning capacity in the old age from the point of view of social insurance for retired people. Starting from defining the notion of „an old man” and characterising his living functions after the theory of S. Katz on activities of daily living - the Author discusses system of States’ and individual insurance for the retired as well as the system of life insurance. He presents the scope of services offered by insurance firms, the aims and effects of their functioning in relation with a reform of the pensions’ and annuities’ system which is now having place in Poland.
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    LEKARZ WOBEC CZŁOWIEKA STAREGO
    (Wydział Prawa i Administracji UAM, 1999) Twardowska-Rejewska, Jolanta
    The principal aim of activities for seniors is to assure the tendency to reach better quality of their living (and of their passing away - what has nothing to do with euthanasia or negligence). The point is to regard an elderly as a storehouse of wisdom and practical experience, further - as a human being who is still able - until the last days of the life - to develop spiritually and to get more mature, as someone who is interesting, demanded within and by the society as well as among family members and friends. If a physician considers a senior this way, it should be much easier for him to understand such a person and to respect his reasons for to negotiate together adequate medical recommendations. Respective motivation (from both emotional and intellectual points of view) of physicians desiring to become specialists in geriatrics should be very carefully built already during their studies of medicine, if not even before. Also necessary is a process of building an integrated personality of such a physician and „working through” by him of such existential problems as incurable, terminal disease, sufferings and the inevitability of death.
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    LUDNOŚĆ W WIEKU POPRODUKCYJNYM W STRUKTURACH GOSPODARSTW DOMOWYCH W POLSCE
    (Wydział Prawa i Administracji UAM, 1999) Roeske-Słomka, Iwona
    Data from 1996 all-Poland studies on households budgets are the basis for empirical analyse of the participation of persons aged 65 and more within the structures of households. In 1996 the number of population aged 65 and more amounted to 4.426 thousands, i.e. about 10 per cent of the entire population (share of women was up to 6 per cent). From the point of view of a kind of household the biggest share of the aged 65 and more was, obviously, in households belonging to the retired (almost 32 per cent) and then - in the farmers households (near 10 per cent), next - a bit less, o f about 7 per cent, in households of workers being users of a farm. The share of post-productive population in the so-called households of the employees is of about 2 per cent (and only 0,5 per cent of this number are the men).
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    NIEKTÓRE ASPEKTY PRAWNE REFORMY SYSTEMU EMERYTALNEGO
    (Wydział Prawa i Administracji UAM, 1999) Piotrowski, Włodzimierz
    The article relates to legal issues involved with the realisation of the mentioned reform, in force in Poland from January 1st, 1999, which fundamentally changes the system of social insurance in Poland. The kind o f social insurance comprising the whole of employees and a majority of non-employed population groups which has been realised up to the present by the State on the basis of redistribution principle and the so-called „generations agreement” - is now being replaced, for the people under 30, with additional insurance which is based on capital principle and has a form of an obligatory savings system for the pension purpose within the framework of some open pension founds called the second pillar, completed also with voluntary savings in the so-called employees’ founds which are also called the third pillar o f the system of social insurance. The Author found questionable giving the name of social insurance to the additional insurance based on capital principle and, next, also - including in this system the State officers who up to the present have profited o f social provision, as well as, finally, differenciation of the principles for social insurance after the criterion of the age. In the Authors’ opinion the aim of the recent reform could be reached on the way of giving back the authentically assurance character to the new social insurance. Obligatory saving in private pension founds diminishes seriously the income of the Found o f Social Insurance System but, for young generation, it does not assure in the same time ćmy insurance for the old age, because the State does no longer guarantee the solvency o f pension performances in the future. 29 Takim
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    OD REDAKCJI
    (Wydział Prawa i Administracji UAM, 1999)
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    Opracowania sprawozdawcze i informacyjne 317 ŚRODOWISKOWY DOM EMERYTA „KORAB WIELKOPOLSKI”
    (Wydział Prawa i Administracji UAM, 1999) Dębska, Wanda
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    OSOBY STARSZE GRUPĄ O PODWYŻSZONYM STOPNIU RYZYKA WIKTYMIZACJI
    (Wydział Prawa i Administracji UAM, 1999) Bieńkowska, Ewa
    Despite of the fact that the elderly become more rarely victims of a crime than younger persons - the results of such a victimisation are for them decidedly worse, according to general opinion. This concerns not only physical and psychological harms, but also - the moral wrongs and, finally, clearly more limited possibilities of properly reacting to a situation. All of this is being accompanied with a high level of the fear of a crime. The fear increases with the ageing process and is mainly irrationally distorted by, among others, the mass-media. Important is also the fact that the elderly are fully aware of their particular situation and of high risk of victimisation. As a result it only makes the isolation deeper and a level of the threat raises.
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    PIECZA NAD LUDŹMI STARYMI W POLSKIM PRAWIE CYWILNYM I OPIEKUŃCZYM NA TLE PORÓWNAWCZYM
    (Wydział Prawa i Administracji UAM, 1999) Kociucki, Leszek
    The norms of law regulating the participation of the elderly in the conduct of civil law transactions (for example - disposing of a bank account, dealing with social insurance matters) as well in Poland as in many other countries have not been revised since many years and even, to a certain degree, have been neglected by the science and jurisprudence, despite of the fact of immense impact of these questions on the quality itself of the living conditions of the elderly. The norms in question are characterised with a lack of elasticity; or they do treat the elderly in the same way as fully valid participants in the conduct of civil law transactions (with the same duties and without any adequate protection because of the ageing) or the norms give some legal protection to the elderly however at the cost of their legal incapacitation. One of the main aims of the reform of the care of mature persons which was introduced in Austria, Sweden and Germany was a creation of legal framework for assistance to the elderly with no intervention in their private sphere. The article gives an attempt to determine the position of the care of the elderly within Polish law system, it presents also the present legal state and propositions of changing certain legislative dispositions. Synthetic and sometimes quite general formulation of Polish provisions made it possible for the courts to get an interpretation which diminishes possible intervention in the rights of persons under care. However, in many cases the help offered for the elderly occurs to be insufficient, so a change of respective law provisions is already desirable. Renouncing of the institution of legal incapacitation in its present form shall not only deprive the care of its undesirable effects but, in the same time, shall make it possible to assist the elderly in a way better adapted to concrete needs.
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    POTRZEBY W ZAKRESIE USŁUG STOMATOLOGICZNYCH DLA LUDZI STARSZYCH W POLSCE (PRÓBA OSZACOWANIA)
    (Wydział Prawa i Administracji UAM, 1999) Sokalski, Jerzy; Tarajkowski, Jerzy
    The aim of the article is to formulate a model approach of determining the needs in dental service for the elderly population groups. Within the period of system transformation in Poland the persons belonging to this group happen to experience particularly difficult position and the rank of the problem is very serious and, as such, it is being widely commented throughout the world literature. Adequate national research studies as well as those made by the WHO indicate both unfavourable position of Poland in rankings of general and particular health state and especially - of dentistry. The Authors have undertaken an arduous attempt of quantifying respective needs and presented the results of statistical verification of a model of these needs.
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    PROBLEMY LUDZI STARSZYCH NA WSI W ASPEKCIE PRAWNYM
    (Wydział Prawa i Administracji UAM, 1999) Budzionwski, Roman
    The paper aims to identify, from legal point of view, the main problems encountered by senior citizens in villages, and to answer the question whether the currently binding and enforceable regulations form adequate grounds on the basis of which a proper solution of those problems can be offered. The paper focuses on three main points: providing for the old age within a rural family, social insurance of farmers, and social welfare and health care of the village population. Problems encountered by that social group are particularly pronounced in context of the generation changes taking place in agriculture. Concluding, the Author claims that from legal point of view problems of the elderly living in villages have been gradually taken better care of, and the needs and expectations of senior citizens living in villages are more widely accepted and accommodated. This claim, however, does not mean that the situation of senior citizens in villages is satisfactory. Improvement in that respect may be achieved through better development of rural areas. An overall betterment of the Ufe in villages shall consequently improve the quality of life of senior citizens.
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    PROBLEMY STARZENIA SIĘ I STAROŚCI WYZWANIEM DLA POLITYKI SPOŁECZNEJ NA PROGU III TYSIĄCLECIA
    (Wydział Prawa i Administracji UAM, 1999) Woźniak, Zbigniew
    Year 1999 proclaimed as the International Year of the Seniors is the circumstance to draw the attention of researchers and decision-makers from different power levels to these issues of social condition of the oldest generation which should find their place within the catalogue of priorities of social policy within the nearest twenty-thirty years. Designation of the most fundamental areas of an active policy towards the old age (demographic changes, state of health, level of physical efficiency, material condition, resources of social support system, etc.) is preceded with an interpretation of definitional type of the main slogan of the International Year of the Seniors ’99 - i.e. „Towards a society for all groups of age”. Identification and cataloguing of rights and needs of the elderly as well as possibilities of respective realisation have been placed within the following sequence of events and processes: to add years to the life - to add health to the life - to add life to the years - towards a solidarity of generations. On the groundwork of gerontologie studies and of recommendations formulated by the (Jenerał Assembly of the United Nations Organisation the Author constructs a framework for a gerontologie programme based on: — promoting an active life of a retired, — involving seniors with a network of inter-generations contacts, — developing a network of support and care within local society, — reaching a balance between the needs of an individual and expectations combined with arduousness of the life of a retired person. The final part of the article is devoted to a discussion of challenges resulting from increasing process of the ageing of population and of indications aimed at construction of short- and long-term programmes. Realisation of an authentic and active social policy towards the old age does need concrete expenses and the Author warns that delaying reformatory decisions in expectation of economically better times leads inevitably to a simultanous accumulation of costs in too many spheres.
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    PRZEŻYWANIE STAROŚCI PRZEZ SAMOTNE KOBIETY W ZALEŻNOŚCI OD MIEJSCA ZAMIESZKANIA
    (Wydział Prawa i Administracji UAM, 1999) Pilch, Tadeusz; Zielińska, Iwona
    In 1998 sixty women have been the object of a research study; they were aged from 60 up to 95 years. Twenty of them lived in blocks of buildings, other twenty - in a home for the aged and the last twenty - with their families. The criterion of a „successful life” is very much individualised in the eyes of the elderly. One could say that it has poor number of external indications, but it has one main determinant: internal, deeply subjective conviction. As to external criteria - they are mostly a degree and a form of wealth, next - interpersonal relations as well as the attributes and attitudes in relation with morality and religion. The women examined do belong to the generation whose youth and maturity were the period of the biggest poverty and privation; this is why their material aspirations and a horizon of wishes have always been extremely modest: mere and ordinary satisfaction of everyday needs. Loneliness was commonly considered to be particularly painful form of a „failed, unsuccessful life”. That is why most complaints because of such a failure were heard by the Authors from the women living in a home for the aged.
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    SAMOPOCZUCIE SPOŁECZNE OSÓB W STARSZYM WIEKU
    (Wydział Prawa i Administracji UAM, 1999) Kotlarska-Michalska, Anna
    The analysis made by the Author in the article enables to state that social frame of mind of the elderly is strongly conditioned by a factor of an economic nature, first of all. A discontent with one’s own financial position because of the lack of savings and poor pensions - makes people feel uncertain what, consequently, increases their timidity and complaint. The second factor to determine expressively the above mentioned frame of mind is the health condition. A decrease of the health condition of the elderly noted in the research study is the reason of anxiety about the health and of constant trouble because of possibility of losing self-dependence in primary activities. And finally, the third factor which determines social frame of mind is the anxiety because of many threats that have emerged and then even increased during the 90ties in Poland. The social frame of mind of the elderly is being also characterised with factors of a cultural nature. The Polish old-age pattern is marked with an excessive dependence of an elderly on the system of pensions and annuities, next - such a man is depending on home assistance background because of too poor possibilities of choosing another way of life. This is why - in the light of the above presented factors analysed - we are licensed to state that the elderly in Poland do have decidedly worse possibilities of satisfying their already so much minimised needs and furthermore - they are conscious of being placed in a worse position than other age groups.
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    SKUTKI PROCESU POLSKIEJ TRANSFORMACJI W GRUPIE LUDZI STARSZYCH (ZARYS PROBLEMATYKI)
    (Wydział Prawa i Administracji UAM, 1999) Ziomek, Agnieszka
    Among several variants of the transformation process Poland has chosen a radical path of „hard reforms” - to be realised selectively and by stages. The advantage of such a strategy is the rapidity and firmness of the reforms what gives a guarantee of saving the economy together with gradual elimination of corruption and lawlessness. The fault of it however is a too big „social cost , among others. The Author discusses in details the results of the reforms caused by unemployment, effects of the inflation, effects of the abolition of State appropriations, effect of the increase of fees in medical services and, finally, transformations within the system of social insurance. The effects of structural transformation that affect the elderly, make the latter desiring to come back to the situation before the transformation and sometimes lead even to violent protests. This is why there is a need to care well that such transformations were less painful for the elderly and - to assure them minimum existence at least.
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    SPIS TREŚCI
    (Wydział Prawa i Administracji UAM, 1999)