Karalność kazirodztwa jako naruszenie wolności seksualnej

Abstract

The paper is focusing on the issues of incest and sexual freedom. Incest is understood as maintaining a sexual relationship among relatives in the direct line, siblings and persons related by adoption. Th e clause regarding incest has an autonomous signifi cance only in the case of free sexual intercourses of persons over the age of 15. It is obvious, that a human being has the right to freedom, to sexual freedom as well. Th e freedom is guaranteed by the Constitution and international acts. Th e author presents a thesis, that the penalty of incest violates the sexual freedom and this violation is not justifi ed. Th e relation of two legal terms, morality and sexual freedom, is presented, too. As a result the author makes a demand de lege ferenda: the full depenalization of incest.