New protection measures for minors introduced in light of the July 28, 2023 amendment

Abstract

The following article is an analysis of the changes introduced by the Act of July 28, 2023
on Amendments to the Act – The Family and Guardianship Code and Certain Other Acts
(Journal of Laws 2023 item 1606) and an assessment of their effects. The changes introduced in
such legal aspects as standards for the participation of minors in court procedures, including
the establishment of a child representative, the introduction of the “institution” of a child
hearing, the introduction of a questionnaire for estimating the risk of danger to a child’s life
or health, the establishment of guardians for “persons with disabilities,” and the notification
of the victim when a convict leaves prison, are certainly worthy of consideration. Similarly, the
changes made to the provisions on countering the threat of sexual crime, which significantly
modifies the existing nature of the above act, while significantly expanding its material
scope. The introduction of new legal “institutions” in the indicated law aimed primarily at
protecting minors from violence represents a significant advance in the expansion of child
protection regulations. However, this raises the question of whether, due to the fact that the
changes introduced concern socially momentous issues, they do not need more refinement
and clarification. The following article is intended to be an attempt to answer this question.