Wybrane konteksty prawne i pedagogiczne ochrony twórczości dziecka

Abstract

This paper is an attempt to analyse a necessity of defining and extending the protection of the child’s creative process. The key role of artistic instruction in the child’s education and a development which calls for an appropriate framework of this process are the starting point for these considerations. This text defines artistic output as a legally protected personal interest and enumerates relevant legal regulations. It also reveals a position of the child as a creator with its specific characteristics and possible dangers arising from those characteristics. Another issue discussed here is the creative process and its components. Later on legal aspects of the child’s situation in the context of creative activity are analysed with references to inter alia the UN Convention on the Rights of the Child (1989), the (Polish) Family and Guardianship Code (1964), the UN Declaration on the Rights of the Child (1959). Finally, the paper addresses objectives of arts education in the light of the issues discussed. Conclusions include an indication of certain similarities between some areas of interest in pedagogy and in law. The main conclusion comes down to a statement that in the education process we should take into consideration the a so-called creative integrity. This is a legally protected personal interest of both the adult and the child.