publications

2023

1. LEHR

   Digital Platforms and the Right to Just and Favorable Conditions of Work: A Business and Human Rights Perspective

   I. Jędrzejowska-Schiffauer, and Ł. Szoszkiewicz

   The Law & Ethics of Human Rights, 2023

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   Digital platform economy has radically changed the modes in which work is organized, stretching the functionality of legal environment of work and its governance. This article builds on a strand of labor law scholarship that advances the need to rethink the legal construction of work and work relationship in order to adapt it to the dynamically evolving socio-economic context. By applying a business and human rights lens to this process, this article confutes the mainstream argument that labor rights guarantees remain contingent on an individual’s enjoying the status of an employee under national jurisdiction. We survey a largely underexamined conception of affording protection to platform workers under International Human Rights Law (IHRL). In doing so, we argue that the instruments of IHRL may in some respects be even better placed than that of national law, both strengthening and complementing areas where state protection is weak or non-existent. Through the right to just and favorable conditions of work perspective, we outline the non-contested, albeit partly poorly implemented obligations of states, as well as largely contentious and contested responsibilities of private actors such as digital platforms towards the rights-holders. We conclude by arguing that the leverage offered by IHRL in the struggle to curb a quasi-sovereign power of the platform largely outweighs the democratically motivated objections this avenue may raise.

2. 

   Business and Human Rights in Central and Eastern Europe: Constitutional Law as a Driver for the International Human Rights Law

   Ł. Szoszkiewicz

   Business and Human Rights Journal, 2023

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   This paper analyses five constitutional developments in Central and Eastern Europe that can impact the domestic implementation of the UN Guiding Principles on Business and Human Rights (UNGPs). Using Czechia, Poland and Slovenia as examples, the paper highlights four potential drivers, namely: (1) the process of constitutionalizing human rights; (2) the proliferation of the doctrine of horizontal effect of constitutional rights; (3) the constitutional legitimacy of state intervention in the free market economy; and (4) the mechanism of judicial review. Furthermore, the author underlines the most significant challenge, which is increasing resistance to international norms in some countries, e.g., Poland. The paper concludes that the jurisprudence of the constitutional courts can facilitate the domestic implementation of the UNGPs, particularly Pillars I (State duty to protect human rights) and III (access to remedy).

3. Brill

   The Impact of the United Nations Human Rights Treaties on the Domestic Level in Poland

   K. Sękowska-Kozłowska, G. Baranowska, J. Grygiel, and Ł. Szoszkiewicz

   Brill | Nijhoff, 2023

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4. PYIL

   Towards EU-wide Mandatory Human Rights and Environmental Due Diligence for Business: a Breakthrough in Europe and Beyond?

   I. Jędrzejowska-Schiffauer, Ł. Szoszkiewicz, J. Wilde-Ramsing, K. Booth, and 2 more authors

   Polish Yearbook of International Law, 2023

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   In March 2022, the European Commission presented its long-awaited legislative proposal on the EU-wide human rights and environmental due diligence (HREDD) for business. This article argues that the proposed Directive fails to be an effective and innovative legislation in three respects. Firstly, it does not draw lessons from the shortcomings of the to-date regulatory policy relating to business and human rights. It mainly consolidates at the EU level the status quo of extant due diligence legislation in Europe. Secondly, the proposal falls short of the established interna­tional standards and its own objectives insofar as it fails to establish instruments for effectively preventing and remedying human rights and environmental harm. Thirdly, the proposal’s normative preference for process- (rather than result-) oriented HREDD risks reducing it to yet another compliance instrument. Beside amending these shortcomings, to achieve a breakthrough, the upcoming legislation should in any case define HREDD as the legal standard of care; the compliance with which does not per se exclude civil liability. The general negotiation approach of the Council is not proposing much improvement in that regard. The stakes for the European Parliament’s possible role to raise the bar are thus very high.

2022

1. 

   Data solidarity: a blueprint for governing health futures

   B. Prainsack, S. El-Sayed, N. Forgó, Ł. Szoszkiewicz, and 1 more author

   The Lancet Digital Health, 2022

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2. GHF2030

   Data solidarity

   B. Prainsack, S. El-Sayed, N. Forgó, Ł. Szoszkiewicz, and 1 more author

   The Lancet and Financial Times Commission on governing health futures 2030: growing up in a digital world, 2022

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2021

1. INP PAN

   [PL] Dostępność danych w czasach sztucznej inteligencji a prawa człowieka w dziedzinie nauki [Data accessibility in the age of Artificial Intelligence and human rights in the field of science]

   Ł. Szoszkiewicz

   Rozprawy Prawnicze. Seria monograficzna INP PAN, 2021

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   The book discusses the challenges of regulating the development of Artificial Intelligence from a human rights perspective. The analysis begins by acknowledging that scientific and technical progress is leading to the emergence of a new scientific paradigm based on data mining (Big Data paradigm). Therefore, ensuring equal access to data becomes crucial to guarantee equal enjoyment of the benefits of scientific progress and its applications. The main objective is to define the State’s obligations derived from the rights in the field of science, i.e., Article 15 of the International Covenant on Economic, Social and Cultural Rights (1966), with regard to data availability and accessibility. It further discusses challenges related to the right to privacy, the right to freedom of expression, and the right to protect the interests of creators. The analysis of regulations at the universal (UN), regional (primarily EU), and national (Polish Constitution and legislation) levels precedes the interpretation of State obligations. The author presents their own interpretation of the criteria for fulfilling obligations regarding data availability and accessibility.

2. GCHR

   Uncomfortable Data: Ending Deprivation of Liberty of Migrant Children through Improved Data

   Ł. Szoszkiewicz, H. Balnaves, C. Canettieri, and M. Stajić

   Global Campus of Human Rights, 2021

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   At least 330,000 children are deprived of their liberty for migration related reasons every year worldwide. Because of the limited data available publicly, little is known about the characteristics of these children. This study aims to verify the existence, accessibility, and quality of data on immigration detention of children. In order to verify what categories of data are recorded by the public authorities, the authors approached 37 states requesting statistics under Freedom of Information regulations. Migration authorities were asked for historical and up-to-date statistics disaggregated by basic demographic features such as gender, nationality and accompanied status. Although the findings confirm the scarcity of data, several data-related promising practices were identified. Their implementation can significantly improve data capabilities of migration authorities and contribute to better policy making, particularly in measuring the progress toward ending the immigration detention of children. This report builds on the experience of the UN Global Study on Children Deprived of Liberty (2019) which was the first scientific attempt to assess the magnitude of the situation of children deprived of liberty, including migrant children.

3. Springer

   Open Data: Toward Achieving and Measuring the Sustainable Development Goals

   Ł. Szoszkiewicz

   In Industry, Innovation and Infrastructure, (eds. W. Leal Filho et al.), 2021

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4. Springer

   New International Migration Management Technologies and Their Impact on Sustainability

   G. Baranowska, and Ł. Szoszkiewicz

   In Technology, Infrastructure, and Their Regulatory Regimes in Reducing Inequalities, (eds. W. Leal Filho et al.), 2021

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5. Springer

   Technology, Infrastructure, and Their Regulatory Regimes in Reducing Inequalities

   Ł. Szoszkiewicz

   In Technology, Infrastructure, and Their Regulatory Regimes in Reducing Inequalities, (eds. W. Leal Filho et al.), 2021

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2020

1. AMULR

   Mining the EU Global Strategy of 2016

   Ł. Szoszkiewicz

   Adam Mickiewicz University Law Review, 2020

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   This study proposes to apply an automated lexical analysis to the European Security Strategy of 2003, entitled “A Secure Europe in a Better World”, and the European Union Global Strategy of 2016, entitled “Shared Vision, Common Acton: A Stronger Europe”. The findings are not limited to supporting the predominant interpretations of scholars and experts, but aim at exploring the usefulness of text mining techniques in the interpretation of EU documents. Furthermore, the conclusions drawn from the lexical analysis are discussed in the light of complex systems theory, which may be beneficial for the proper understanding of the concept of resilience (mainly its multidimensional nature) and its subsequent operationalization. The last part of the paper includes an in-depth analysis of the EU rhetoric on the UN fora (period: 2014–2019) regarding the concept of resilience, in particular its linkages with human rights.

2018

1. AMULR

   Internet Access as a New Human Right? State of the Art on the Threshold of 2020

   Ł. Szoszkiewicz

   Adam Mickiewicz University Law Review, 2018

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   The aim of this study is to analyze the role that the Internet plays in the enjoyment of human rights and answer the question of whether we may be in the process of recognizing a new right, namely the right to Internet access. The conclusions are built upon a quantitative and qualitative analysis of the Internet-related recommendations adopted by the UN treaty-based bodies in the period between 2007 and 2017. Moreover, the paper is supplemented by a brief overview of the relevant recommendations formulated under the mechanism of the Universal Periodic Review. Analysis of the content of recommendations allowed them to be classified into two groups – the first one integrates recommendations that refer to the duty of non-interference, and the second concerns the duty to expand Internet infrastructure across the country. The article ends with a call for further investigation of the normative potential of Article 15(1)b of the International Covenant on Economic, Social and Cultural Rights, as this hitherto forgotten provision might shed a new light on the proposed right to Internet access.

2. C.H. Beck

   [PL] Artykuł 13: Prawo do edukacji [Article 13: Right to education]

   Ł. Szoszkiewicz

   In Międzynarodowy Pakt Praw Gospodarczych, Socjalnych i Kulturalnych. Komentarz (red. Z. Kędzia, A. Hernandez-Połczyńska) [International Covenant on Economic, Social and Cultural Rights. Commentary], 2018

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3. C.H. Beck

   [PL] Artykuł 15(1)b: Prawo do korzystania z postępu naukowego i jego zastosowań [Article 15(1)b: Right to benefit from scientific progress and its applications]

   Ł. Szoszkiewicz

   In Międzynarodowy Pakt Praw Gospodarczych, Socjalnych i Kulturalnych. Komentarz (red. Z. Kędzia, A. Hernandez-Połczyńska) [International Covenant on Economic, Social and Cultural Rights. Commentary], 2018

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4. PPSY

   The Protection of the Right to Education in Minority Language: the Council of Europe’s Standards

   H. Wiczanowska, and Ł. Szoszkiewicz

   Polish Political Science Yearbook, 2018

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   There is neither consensus whether the category of linguistic rights shall be distinguished, nor international agreement on the catalogue of such rights. Nevertheless, access to education in mother tongue constitutes a core element of most of the international and national frameworks of minority protection. Academic and legal disputes are particularly absorbing in Europe, where linguistic policies frequently intertwine with politics (e.g. Cyprus, Moldova, Ukraine). Thus, it is essential to pose the question, whether the right to education in mother tongue is always granted the equal scope of protection or is such protection differentiated by any additional criteria. Most of all, it shall be considered whether the analyzed right has an independent character or its protection is associated with perception of other fundamental rights and freedoms. This paper investigates the scope of the protection of this right within the framework of the Council of Europe.

2017

1. AMULR

   Linguistic Human Rights in Education

   Ł. Szoszkiewicz

   Adam Mickiewicz University Law Review, 2017

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   Linguistic human rights are a concept remaining on the crossroads of several scientific disciplines, e.g. linguistics, anthropology, psychology and, last but not least, human rights law. Taking the latter as a lens, this study seeks to clarify the concept of linguistic human rights in education – presumably, the most linguistically sensitive sphere in the life of individuals and communities. The paper demonstrates that despite little mention of language in the UN treaties (ICESCR, CRC, CERD, CADE), its importance is reflected in the practice of the relevant treaty-based bodies. Moreover, increasing interest from scholars across a range of disciplines is contributing to the development of a linguistic human rights doctrine and is penetrating the UN human rights framework.