Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1999, nr 1
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Item OD REDAKCJI(Wydział Prawa i Administracji UAM, 1999)Item ZAPOBIEGANIE WIKTYMIZACJI LUDZI STARSZYCH(Wydział Prawa i Administracji UAM, 1999) Czapska, JaninaPreventing victimisation must comprise on one hand a reduction of objective danger and, on the other, of a fear of crime. Since the very beginning of studies on fear and crime the elderly were considered as much more jeopardised than other citizens. Such a result is justifiable first of all by a greater vulnerability, both physical and psychological - in the face of the effects of a victimisation. Such an effect deepens only a feeling of alienation and of social disintegration as resulting from changed social status, more particularly - after a retirement. Presently it is stressed on engaging organisations of seniors in preparing and performing some preventive programmes for the people of the same old age. It is also very important to include this anti-crime education within the complex of activities aiming at reinforcing a sense of social identity, at reducing the fear, perplexity and subjective feeling of social isolation of the elderly. One of the most important elements of prophylactic programmes is to mobilise these men to a self-depending activity. Despite of the fact that a crime-preventing can not be left exclusively to the police, the police tasks are here of very much importance because its officers in their uniforms — when only properly reacting to signals from citizens in a jeopardy — contribute largely to break a barrier of distrust before the police and to diminish the fear itself. In Poland a modem policeman acting in conformity with the co-called „community policing” model has a good chance to obtain some good preventive effects among the seniors.Item PIECZA NAD LUDŹMI STARYMI W POLSKIM PRAWIE CYWILNYM I OPIEKUŃCZYM NA TLE PORÓWNAWCZYM(Wydział Prawa i Administracji UAM, 1999) Kociucki, LeszekThe 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.Item NIEKTÓRE ASPEKTY PRAWNE REFORMY SYSTEMU EMERYTALNEGO(Wydział Prawa i Administracji UAM, 1999) Piotrowski, WłodzimierzThe 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 TakimItem STARZENIE SIĘ LUDNOŚCI POLSKI I JEGO KONSEKWENCJE(Wydział Prawa i Administracji UAM, 1999) Frąckiewicz, LucynaThe article comprises newest data on: average life length, women fecundity, state of health of the society, frequency of chronic illnesses, number of hospitalised persons, mobility of matured persons. When characterising the situation of the elderly in Poland the Author states among others that a family milieu should be fundamental place of the living o f an aged person, and a help for such a family should be offered by professionals and volunteers from social care division as well as by competent ‘home doctors’ . The Author emphasises an insufficient level of social education as far as health promotion is concerned what in result causes a bad condition of the health of the whole population and in particular - of the elderly. Housing conditions and general accommodation should be of special preference as to their standards and adaptation to invalidity. Also of much importance is the process of „education for the old age”, i.e. capacity o f the elderly to adapt themselves to worsening psychological and physical possibilities.Item LEKARZ WOBEC CZŁOWIEKA STAREGO(Wydział Prawa i Administracji UAM, 1999) Twardowska-Rejewska, JolantaThe 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.Item DEMOGRAFICZNE ASPEKTY PROCESU STARZENIA SIĘ LUDNOŚCI POLSKI(Wydział Prawa i Administracji UAM, 1999) Wierzchosławski, StanisławThe 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?Item WARUNKI ŻYCIA OSÓB W WIEKU EMERYTALNYM(Wydział Prawa i Administracji UAM, 1999) Kasperek-Hoppe, MariaThe level of living of the elderly can not be evaluated only on a basis of the data on amounts of performances (i.e. old age pensions) and on their share in the NBP, being done that the level of medical care, the family situation, the accommodation and gathered material means are of very much importance. Material position of the elderly is differentiated. It depends on the adherence to social and professional group, on the level of education and also on the age of a person. It is proved that the more a person is aged, the more difficult becomes respective material situation. As a result a new expression has recently emerged: the fourth age people, i.e. the oldest retired men - over 75 years - who dispose of the worst assurances for retired employees. In the 90ties in Poland there was a slight increase of performances for the retired. So, in relation with the income issue the situation of the retired is relatively favourable. However this attests not the general living standard. Within this group of age it depends to a great degree on the virtual state of health and on the possibility of existence without assistance of a third person. In a case where such an assistance occurs to be necessary or some very expensive medicaments are needed - the material position becomes immediately very difficult. And we must say that the „health expenses” - in comparison with other social and professional groups and also with the minimum salary - are relatively high within the discussed group. The accommodation situation of the elderly is being regulated and relatively favourable (when compared with other groups). However the increasing costs of the flats (systematically higher and higher, presently - about 30 per cent of all expenses) can in the future violate the balance of the home budgets.Item LUDNOŚĆ W WIEKU POPRODUKCYJNYM W STRUKTURACH GOSPODARSTW DOMOWYCH W POLSCE(Wydział Prawa i Administracji UAM, 1999) Roeske-Słomka, IwonaData 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).Item SKUTKI PROCESU POLSKIEJ TRANSFORMACJI W GRUPIE LUDZI STARSZYCH (ZARYS PROBLEMATYKI)(Wydział Prawa i Administracji UAM, 1999) Ziomek, AgnieszkaAmong 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.Item PROBLEMY STARZENIA SIĘ I STAROŚCI WYZWANIEM DLA POLITYKI SPOŁECZNEJ NA PROGU III TYSIĄCLECIA(Wydział Prawa i Administracji UAM, 1999) Woźniak, ZbigniewYear 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.Item SPOŁECZNO-KULTUROWE UWARUNKOWANIA AKTYWNOŚCI OSÓB W STARSZYM WIEKU(Wydział Prawa i Administracji UAM, 1999) Wołk, ZdzisławThe ageing of societies becomes a cause of limiting by higher developed countries of their guardianship functions as well as of their performances for the seniors. In Poland the threshold of demographic old age had been crossed in 1968 (i.e. 7 per cent of the population). By the end of the year 2020 this amount shall already be of 19,4 per cent. The article is a result of several years of research work made in relation with different aspects and forms of activities of the elderly, including their professional work. The research was begun in 1994. The ageing itself considered as social phenomenon can develop in a double way: firstly - it can be a gradual retiring from the life of a society, and secondly - it can realise itself in an active participation and in adopting different social roles. The Author is occupied with the second kind of the ageing and discusses its particular aspects: professional work, social activity, leisure-work-recreation activity, activity within the family, cultural participation, hobbies developing, assuming a mentors’ role.Item SAMOPOCZUCIE SPOŁECZNE OSÓB W STARSZYM WIEKU(Wydział Prawa i Administracji UAM, 1999) Kotlarska-Michalska, AnnaThe 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.Item DOCHODY OSÓB W STARSZYM WIEKU A ZARZĄDZANIE RYZYKIEM STAROŚCI(Wydział Prawa i Administracji UAM, 1999) Łyskawa, KrzysztofThe „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.Item PRZEŻYWANIE STAROŚCI PRZEZ SAMOTNE KOBIETY W ZALEŻNOŚCI OD MIEJSCA ZAMIESZKANIA(Wydział Prawa i Administracji UAM, 1999) Pilch, Tadeusz; Zielińska, IwonaIn 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.Item OSOBY STARSZE GRUPĄ O PODWYŻSZONYM STOPNIU RYZYKA WIKTYMIZACJI(Wydział Prawa i Administracji UAM, 1999) Bieńkowska, EwaDespite 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.Item PROBLEMY LUDZI STARSZYCH NA WSI W ASPEKCIE PRAWNYM(Wydział Prawa i Administracji UAM, 1999) Budzionwski, RomanThe 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.Item OPRACOWANIA SPRAWOZDAWCZE I INFORMACYJNE. MIĘDZYNARODOWE STOWARZYSZENIE UNIWERSYTETÓW TRZECIEGO WIEKU (AIUTA) JAKO PRZYKŁAD STOWARZYSZENIA DZIAŁAJĄCEGO NA RZECZ LUDZI STARSZYCH(Wydział Prawa i Administracji UAM, 1999) Czerniawska, OlgaItem UBEZPIECZENIE SPOŁECZNE ROLNIKÓW POLSKICH NA TLE DOŚWIADCZEŃ WYBRANYCH KRAJÓW UNII EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 1999) Tryfan, BarbaraPolish farmers dispose of their own system of insurance including annuities, pensions for retired and medical care. We should ask in what degree this system is compatible with occidental solutions, further - if it does assure a decent existence for the elderly of the country and, finally, if it stimulates changes in agrarian structure. Demographic old age in the EU countries is accompanied as a rule with good organisation of medical care and high living standard, whereas Polish country men - characterised with an advanced process of the ageing - suffer from too many lacks in the sphere of social and technical infrastructure, are confronted with difficulties in labour market organisation, shortages in social help and, last not least, are largely subject to a disparity in farmers’ income in comparison with other social and professional groups. The Institute of the Country Development and Agriculture of the Polish Academy of Sciences has inaugurated in 1998 an empirical research of the system of social insurance for the farmers as involved with the process of European integration. The research object was a public opinion poll on functioning of the present system, what shall enable to take into consideration its results in order to get perfected the set of principles for to adept them successively to regulations in force in the EU countries.Item CZŁOWIEK STARSZY W URBANISTYCE TECHNICZNEJ(Wydział Prawa i Administracji UAM, 1999) Rzeczyński, BernardThe 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.