ON THE TRADE-OFF BETWEEN THE RIGHT OF A DISABLED PERSON TO LIVE IN AN ACCESSIBLE ENVIRONMENT AND THE OBLIGATION TO PROTECT IMMOVABLE MONUMENTS IN POLISH LAW

Abstract

The focus of this article is the competition of values that exists in the Polish legal system regarding adjustment of historic buildings to the needs of persons with disabilities. This is yet another case of the legal problem of choosing the superior value in the application of law. Numerous examples of situations in which friction between two competing values gives rise to practical problems are associated with subsidizing the removal of architectural barriers in listed historical buildings or heritage areas to meet the individual needs of persons with disabilities. On the one hand, there is the value of accessibility of buildings to the disabled, and on the other, there is the value of protection of monuments. The individual right of a person to free access to buildings is in competition with the right of the national community to respect the national heritage.