Displaying 40601 - 40625 of 58160 recommendations found
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Consider inviting the Independent Expert on the protection against violence and discrimination based on sexual orientation and gender identity to visit the country, in order to have timely technical advice to strengthen national policies and counter disinformation.
ExplanationNo declaration as to the date of the visit.
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Introduce legislation against hate crimes and expand existing education programmes to prevent discrimination based on sexual orientation, gender identity and race to protect members of marginalised communities.
ExplanationNoted. According to the Article 32 of the Polish Constitution all persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities. No one shall be discriminated against in political, social or economic life for any reason whatsoever. Polish legislation provides far-reaching protection against discrimination. Anti-discrimination legislation already covers sexual orientation, and labour law prohibits discrimination on any grounds whatsoever (including without limitation identification with a different sex than stated in identity papers). According to the Polish Constitution under the term ‘gender’ Poland understands only one’s biological sex, which is understood to mean either a woman or a man. For this reason, any interpretation of guarantees relating to so-called ‘gender identity’ cannot be understood as readiness to introduce legislative amendments in the scope in which ‘gender’ goes beyond the term referred to a woman or man identified on the basis of their biological characteristics.
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Violence on the basis of sexual orientation
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Step up efforts to combat intolerance, violence and discrimination against migrants, ethnic and sexual minorities.
ExplanationNoted. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:MoldovaMoldovaRegional groupEEGPolitical groupCISOIFIssue:
- Women's participation
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Promote and support women political participation and women candidates at senior level in Government and state institutions, and secure an enabling workplace environment for women.
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Abortion
Type:QuestionSession:41st session, November 2022Status:N/AContents:What measures is the Polish government going to take to ensure that health workers are able to practice safe abortions (in cases when the life of the mother is in danger) without any legal consequences? -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:MontenegroMontenegroRegional groupEEGIssue:
- International human rights instruments
Type:RecommendationSession:27th Session May 2017Status:Unclear ResponseContents:Ratify the OP-ICESCR.ExplanationAt this time, the Polish Government (the Government) cannot present its final position concerning this recommendation; the justifiability of signing and ratifying the Protocol to the Covenant on Economic, Social and Cultural Rights will be subject to a future review. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Discrimination based on gender identity
- Discrimination based on sexual orientation
Type:RecommendationSession:27th Session May 2017Status:Partially AcceptedContents:Extend its anti-discrimination laws and hate crime legislation to ensure equal treatment and broad protection for all from discrimination, regardless of sexual orientation and gender identity.ExplanationPartially accepted; under implementation. The prohibition of discrimination in political, social and economic life on all grounds is enshrined in Article 32(2) of the Constitution. The Polish legal system, understood as a whole, guarantees broad protection of the observance of the principle of equal treatment on many levels.
We accept recommendations to prohibit discrimination and to ensure equal treatment but we do not see need to amend law. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Abortion
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Ensure that safe legal abortions are available and accessible in practice, in keeping with the 1993 Act on Family Planning and consistent with Poland’s obligations under articles 12 and 16 of the CEDAW.ExplanationAccepted and implemented. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Sierra LeoneSierra LeoneRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Amend the Criminal Code to criminalize domestic violence clearly and implement a comprehensive strategy to eliminate all forms of violence against women. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Discrimination based on gender identity
- Discrimination based on sexual orientation
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:The HR Committee was concerned that the Criminal Code did not refer to disability, age, sexual orientation or gender identity as grounds for hate crimes. The CAT recommended that Poland amend the Code to punish hate crimes and acts of discrimination and violence based on sexual orientation, disability or age. [Para 13] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Women's participation
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The CEDAW recommended that Poland facilitate the participation of rural women in decision-making processes at the local level, particularly in the boards of voivodeship (regional) agricultural chambers, so as to address the high risk of female poverty in rural areas. [Para 73] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Make efforts for early ratification of the CRPD.ExplanationPoland is going to finish shortly the ratification of the Convention on the Rights of Persons with Disabilities.ImplementationNational Report:
Para 6) Since the second UPR, Poland has ratified or signed the following international conventions:
• Convention on the Rights of Persons with Disabilities (CRPD); ratified on 6.09.2012 ...
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:LiechtensteinLiechtensteinRegional groupWEOGIssue:
- Domestic violence
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Continue to support the reform of the legislation on domestic violence by conducting public awareness-raising and providing professional training on the provisions of the 2010 Act on the Prevention of Domestic Violence to ensure its effective implementation.ImplementationNational Report:
Para 116) The programme “Prevention of Domestic Violence and Violence on Grounds of Gender” is under implementation, aimed at raising awareness of domestic violence by:
• raising awareness and sensitising the general public to domestic violence;
• improving the skills of responsible services tackling domestic violence;
• improving the efficacy of interventions and reinforcing prevention of domestic violence;
• aligning the institutional infrastructure with the needs of victims of domestic violence
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SwedenSwedenRegional groupWEOGPolitical groupEUIssue:
- Abortion
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Examine possible ways to make the bureaucratic process required when terminating a pregnancy as quick as possible, and maximize its efforts to make sure that the process is conducted in a professional way. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Early marriage
Type:Review DocumentationSession:41st session, November 2022Status:N/AContents:Another aspect of the protection of foreigners applying for international protection is the special protection of minors in the accommodation centres. The Office for Foreigners has introduced internal procedures to improve the situation, such as the one implementing the Policy for the protection of children from harm in accommodation centres for foreigners near the end of 2016, or the 2017 update to the procedure for responding to information about a marriage or suspected marriage involving a minor. [Para 112]
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Birth registration
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:UNHCR recommended that the Government of Poland: (a) ensure that the Law on Polish Citizenship provided adequate safeguards against statelessness at birth … [Para 47]
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:JS9 recommended to ... immediately refrain from smear campaigns and other forms of harassment against LGBT+ community, representatives of civil society, journalists and judges, especially in the context of upcoming Parliament and local elections next year; and for the Plenipotentiary for Equal Treatment to take actions in order to protect and represent the LGBT+ community. [Para 49]
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:AngolaAngolaRegional groupAfrica GroupPolitical groupAUIssue:
- International human rights instruments
Type:RecommendationSession:1st session, April 2008Status:Unclear ResponseContents:Endorse the recommendations made by the CRC and the HR Committee on the adoption of legislative measures to ensure compliance of national legislation with the principles and provisions of the CRC.ExplanationPoland as one of the initiators to elaborate the CRC, attaches great importance to the compliance by national legislation with the provisions of the Convention. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... Poland should ensure that all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity are thoroughly investigated. It should also: legally prohibit discrimination on the grounds of sexual orientation or gender identity; and amend the Penal Code to define hate speech and hate crimes based on sexual orientation or gender identity among the categories of punishable offences ... [Para 16] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Transgender persons' rights
Type:Review DocumentationSession:13th session, June 2012Status:NeglectedContents:T-FF described the problems faced by transgender people in the work environment and recommended that Poland start monitoring the situation of transgender employees and ensure that every transgender person is protected in their workplace. [Para 36] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Abortion
- Sexual violence
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Legalize the voluntary interruption of pregnancy in cases of incest and serious malformation of the fetus; and guarantee access to sexual and reproductive health services for all women.
ExplanationThe conditions for the permissibility of termination of pregnancy in Poland are defined by the provisions of the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Permissibility of Termination of Pregnancy. In accordance with Article 4a(1) of the aforesaid Act, termination of pregnancy may only be effected by a physician in a case when: (1) the pregnancy endangers the life or health of the pregnant woman; (2) there is a reasonable suspicion that the pregnancy originates from an act capable of constituting a criminal offence. The circumstances referred to in subsection 1 are certified by a physician other than the one performing the abortion, except where the pregnancy presents a direct threat to the pregnant woman’s life, and the circumstance referred to in subsection 2 is certified by a public prosecutor. The circumstances referred to in subsection 1 are certified by a physician other than the one performing the abortion, except where the pregnancy presents a direct threat to the pregnant woman’s life, and the circumstance referred to in subsection 2 is certified by a public prosecutor. The Act also requires the woman’s written consent to an abortion. In the case of a minor or completely legally incapacitated woman, the legal guardian’s consent is required. In the case of a minor above 13 years of age, her written consent is also required. In the case of a minor below 13 years of age, the guardianship court’s consent is required, and the minor has a right to make her opinion known. In the case of a completely legally incapacitated woman, her written consent is also required, except where the condition of her health does not so permit. In the absence of the legal guardian’s consent, termination of pregnancy requires the consent of the guardianship court. Moreover, the provisions of the Act specify the time-limit in which the procedure may be carried out. Where there is a reasonable suspicion that the pregnancy originates from an act capable of constituting a criminal offence, termination of pregnancy is permissible if no more than 12 weeks have elapsed since the beginning of the pregnancy. The Regulation of the Minister of Health and Social Care of 22 January 1997 concerning the professional qualifications of physicians authorized to perform abortions and to determine that the pregnancy endangers the woman’s life or health or suggests a high probability of severe irreversible impairment of the foetus or life-threatening incurable illness specifies that an abortion may be performed by a physician holding a first-degree specialization in obstetrics and gynaecology or the title of a specialist in obstetrics and gynaecology. The existence of circumstances suggesting that the pregnancy endangers the pregnant woman’s life or health is certified by a physician holding the title of a specialist in the medical discipline proper to the type of the illness suffered by the pregnant woman. As for access to benefits in the discussed area, Article 4b of the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Lawful Termination of Pregnancy provides that, ‘persons covered by social insurance and persons eligible for free health-care under separate provisions shall be eligible for free pregnancy termination in health-care establishments.’ The list of guaranteed benefits in relation to abortion is specified by Annex 1 to the Regulation of the Minister of Health of 22 November 2013 concerning guaranteed benefits in the area of hospital care. Furthermore, it ought to be noted that in the light of the applicable provisions, including chiefly the provisions of the Regulation of the Minister of Health of 8 September 2015 concerning the general terms of contracts for health-care services (Journal of Laws of 2016, item 1146), all health-care establishments (hospitals) having contracted with the National Health Fund (NFZ) have a duty to provide the benefits specified therein in the full scope and in compliance with the applicable law. By signing a contract for health-care services, the provider agrees to provide all services specified as guaranteed benefits in the relevant executive regulations under the Act, to the extent of the relevant scope and type of benefits covered by the contract. As noted above, the Regulation of the Minister of Health of 22 November 2013 concerning guaranteed benefits in the area of hospital care includes abortion. The effective legal remedy for, among others, women denied the right to carry out the abortion procedure (in circumstances prescribed by the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Lawful Termination of Pregnancy) is the patient’s right to object to the physician’s opinion or decision. The aforesaid right was introduced to the Polish legal system by the provisions of the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman. The right accrues to the patient and can also be exercised on the patient’s behalf by the statutory guardian. In accordance with the aforementioned Act, the objection against a physician’s or dentist’s opinion or decision may be lodged with the Medical Board operating under the auspices of the Patient’s Rights Ombudsman, if the opinion or decision affects the patient’s rights or obligations arising from the provisions of the law. The activities of the Patient’s Rights Ombudsman’s Medical Board are governed by the Regulation of the Minister of Health of 10 March 2010 concerning the Medical Board operating under the auspices of the Patient’s Rights Ombudsman. Pursuant to Article 32(2) of the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman, the national consultants, in consultation with the relevant voivodeship consultants, shall once a year by 30 March compile lists of physicians eligible to serve as members of the Medical Board. The Patient’s Rights Ombudsman has reached out to the national consultants in the relevant medical disciplines concerning updates to the lists prepared and submitted by them. It should furthermore be noted that the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman, in addition to the right to object, has also created a central organ of government administration — significant from the perspective of the protection of the rights of all patients, including without limitation pregnant women experiencing difficulties with access to abortion — in the form of the Patient’s Rights Ombudsman. ... Procreative health constitutes an important element of the definition of health as complete physical, mental and social well-being and not merely the absence of disease or infirmity relating to the reproductive system and procreation in all phases of life. Among other things, procreative health includes topics relating to pubescence and menopause, fertility and infertility, family planning, as well as health during pregnancy, delivery and confinement. Attention to procreative health is key to the well-being of Poles and the good health of the generations to come, and it assists actions taken with a view to improving the demographic ratios. Everybody has a right to the protection of health in Poland; regardless of the citizens’ respective economic situations, public authorities guarantee equal access to publicly financed health-care services the scope of which is defined by a separate statute. Women in pregnancy, delivery and confinement enjoy special legal protection in Poland. Protection of women in pregnancy, delivery and confinement is guaranteed both by domestic legislation and international treaties ratified by Poland. ... As for health-care benefits in the area of procreative and sexual health, the rationale is analogous to the one for Recommendations 118 and 122. … With 27 January 2021, due to the coming into force of the decision of the Constitutional Court in K 1/20, of 22 October 2020, Article 4a(1)(2) of the Act ceased to be valid; this was the provision for the permissibility of pregnancy termination in cases in which prenatal examinations or other medical indications suggested a high probability of severe irreversible impairment of the foetus or its incurable life-threatening disease. …It must accordingly be emphasized that the change of the law in this regard has occurred not as a result of any legislative efforts but due to a finding of unconstitutionality made by the competent organ. Moreover, as a marginal note, attention must be paid to the matter of the state’s autonomy in the area of domestic legislation concerning the permissibility of abortion.
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:LuxembourgLuxembourgRegional groupWEOGPolitical groupEUOIFIssue:
- Intersex persons' rights
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Revise the legal framework in order to allow same-sex couples to contract a civil union and benefit from equitable treatment, as well as to put in place a mechanism specifically intended to offer legal protection to LGBTI persons.
ExplanationPoland understands the term “gender” as exclusively biological sex, therefore a natural sex of a person, that is of a woman or a man. Poland does not recognise the term “gender identity”. ... Poland has appropriate legal mechanisms that protect all persons against discrimination, hate speech, hate crime, prejudice on the grounds of sexual orientation etc. Therefore, there is no need to categorise individuals, awarding them protection specifically provided for by law of downright individual character. ... Additionally, pursuant to Article 18 of the Polish Constitution, marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, are placed under the protection and care of the Republic of Poland.
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Sign and ratify the OP-CRPD.
ExplanationNoted without taking a definitive position. Ratification is not planned at the moment.
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Take further steps towards combating gender-based violence through introducing a consent-based definition of rape and extending the current definition of domestic violence to include economic abuse.
ExplanationNoted. It ought to be noted that Poland ratified the Convention on preventing and combating violence against women and domestic violence (so-called Istanbul Convention) in 2015. The first review of Poland’s compliance with the Convention — GREVIO report of 2021 — was positive for the Government’s conduct and practice of application of the provisions. The suggestion of a need to modify the legal definition of the criminal offence of rape in the Criminal Code to include the lack of consent as a main element of the offence must be rejected. This criticism levied against Polish legislation lacks any foundation in the light of the system of Polish criminal law. The lack of consent is a semantic and legal element of this offence, as attested by scholars and confirmed by common courts’ decisions and those of the Supreme Court. There is accordingly no need to create any new definition for the sole purpose of the evaluation. The lack of consent to sexual intercourse is an immanent semantic feature of the offence defined by Article 197(1) of the Criminal Code. ... Poland understands the term “gender” as exclusively biological sex, therefore a natural sex of a person, that is of a woman or a man.
-
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:ArmeniaArmeniaRegional groupEEGPolitical groupCISOIFIssue:
- Women's and / or girls' rights
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Take steps to effectively implement the provisions enshrined in the National Plan for Equal Treatment 2022–2030, particularly those on the discrimination against women, combating discrimination, racism and hate speech.