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WPŁYW KLINIK NA PRZYSZŁOŚĆ SPOŁECZNĄ

Teaching gender

discrimination issues

Berg-Bajraszewska* at Warsaw University Legal
Julia

Clinic in the context of

rape crime cases

Introduction the teaching of students and legal assistance to indigent persons
The functioning of legal clinics, that provides free of charge legal takes place. Among others, there is a section on civil law, labor
advice, is one of the most important pillars on which the mod- law, medical law, criminal law, and gender discrimination section.
ern education of young academics is based. The legal clinic move- Undoubtedly, the issue of discrimination and unequal treatment
ment in Poland is now well established and has become one of based on various characteristics is one of the “most difficult issues
the most important teaching elements of legal education. Legal facing the law. To solve them, it is necessary not only to have ex-
clinics operate at all public and almost all private universities in tensive knowledge but also to be particularly sensitive to manifes-
Poland. Although the organization of law clinics varies, as a rule, tations of any discrimination” .
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these institutions combine comprehensive teaching of students Clinical teaching, which combines theoretical knowledge acquired
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with pro publico bono work. As Klauze rightly points out, “clinical by students during classes as well as practical experience, leads
teaching reflects the need to combine theory in teaching law with to the development of future lawyers’ ability to gain a broader, sub-
the training of practical skills, i.e., the possibility of ‘being a lawyer’ stantive understanding of a given issue, as well as to develop ap-
at the stage of university education”. Thus, the training in the clini- propriate attitudes in dealing with clients. Clinical teaching should
cal program takes place in multiple ways. develop attitudes among students that will enable them to under-
At the University of Warsaw, a legal clinic is organized around stand and accurately identify specific legal problems and develop
three main forms of activity. Firstly, knowledge is acquired by stu- a critical approach to the law. It is a complex educational process
dents during seminars and classes with an academic teacher, who in which legal advice is only one aspect of it. However, the pri-
provides information on the specifics of work in each section, mary goals pursued in clinical teaching are primarily “to provide
the issues tackled, the legal regulations of a given field, and sets students with the knowledge and skills necessary to practice law
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goals and directions for future work . Secondly, students partici- through the use of active learning formats, practice opportunities,
pate in clinic-wide classes devoted to particular legal professions and action learning” .
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and the methodology and technique of work in a clinic. The gene- Clinical teaching is undoubtedly one of the basic areas in which
ral seminars also include meetings with representatives of NGOs students learn in practice what a legal profession looks like and
and international organizations, who introduce the students to le- what problems they will have to face. This consists of not only
gal problems that arise in practice and sensitize them, especially knowledge of the legal opinion to be prepared, which must include
to the problems of individuals who experience social injustice. all issues concerning legal problems arising during the conversa-
The third form of clinical training consists of student meetings tion with a client and the analysis of his/her situation, but also
with clients. During these meetings, students become familiar with contact with a person reporting to a legal clinic. This is the first
cases presented to them by clients through interviews and docu- introduction to what in the future will be an extremely important
ment analysis. Psychological and specialized training, as well as in- field of activity for every lawyer – the education of soft skills ,
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dividual consultations with the academic teacher, are also designed which plays a huge role in a conversation and a sensitive approach
to acquire skills in complex and sensitive contact with clients. to a client. This is a particularly important aspect, especially for
The Legal Clinic at the University of Warsaw is divided into several students belonging to sections that deal with legal issues of people
sections, that deal with specific branches of law, and within which affected by violence, including sexual violence – primarily women.
* Mgr Julia Berg-Bajraszewska – doktorantka na Wydziale Prawa i Administracji Uniwer- 3 B. Namysłowska-Gabrysiak, Rola klinik w kształceniu przyszłych prawniczek
sytetu Warszawskiego. Autorka publikacji z zakresu prawa karnego i praw kobiet. i prawników w zakresie problematyki przeciwdziałania przemocy ze względu
1 M. Klauze, Kilka słów o klinikach prawa, Filozofia Publiczna i Edukacja Demokra- na płeć, Klinika. Czasopismo Fundacji Uniwersyteckich Poradni Prawnych,
tyczna, T. II, No. 2, 2013, p. 51. No. 29–30, 2020–2021, p. 9.
2 I. Kraśnicka, B. Namysłowska-Gabrysiak, Organizacja studenckiej poradni prawnej 4 M. Klauze, Kilka słów o klinikach prawa, p. 51.
oraz formy kształcenia klinicznego, [in:] B. Namysłowska-Gabrysiak (ed.), Studenc- 5 Ibidem, p. 60‒63; https://www.prawo.pl/student/praktyka-potrzebna-na-studi-
ka poradnia prawna. Podręcznik dla opiekunów, 2009, p. 9–10. ach-prawnych-wywiad-z-dr-przemyslawem,415458.html [access: 10.12.2021].

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