UPR Sexual Rights Database

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UN Member State that is reviewed on its human rights record as part of the UPR process.

Categories of the types of information used during reviews

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Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 40501 - 40525 of 58160 recommendations found
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    UN Compilation

    Issue:
    • Marginalized groups of women
    Type:
    Review Documentation
    Session:
    41st session, November 2022
    Status:
    Reference Addressed
    Contents:
    [The Committee against Torture] recommended that Poland: ... (c) prevent overcrowding, with a view to bringing conditions of detention into line with international standards enshrined in the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (the Bangkok Rules), ... [Para 16]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Domestic violence
    Type:
    Review Documentation
    Session:
    41st session, November 2022
    Status:
    Not Followed up with a Recommendation
    Contents:
    Human Rights Watch ... recommended to ensure availability of immediate and longer-term protection mechanisms for those experiencing domestic violence and their application and enforcement by police and judicial authorities, including protection orders against abusers. [Para 43]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Sweden

    Sweden
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    1st session, April 2008
    Status:
    Unclear Response
    Contents:
    Adopt an anti-discrimination law that would ensure equal treatment and non-discrimination on any grounds, including sexual orientation and gender identity
    Explanation
    Poland envisages the adoption of the draft law on equal treatment by the end of 2008. It will regulate in a comprehensive manner the issues relating to equal treatment of persons without regard to sex, race, ethnic origin, religion or belief, political views, disability, age, sexual orientation, or marital and family status.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Canada

    Canada
    Regional group
    WEOG
    Political group
    OAS
    OIF
    Commonwealth
    Issue:
    • Discrimination based on sexual orientation
    • Human rights defenders
    Type:
    Recommendation
    Session:
    1st session, April 2008
    Status:
    Unclear Response
    Contents:
    Ensure that human rights defenders, in particular groups campaigning for equality and against discrimination based on perceived sexual orientation, are allowed to carry out their work in a secure environment, and that the rights to freedom of expression and association are respected
    Explanation
    The freedom of expression and association are enshrined in the Polish Constitution and all public institutions are obliged to respect it. In this regard, groups campaigning for equality and against discrimination based on sexual orientation are protected by the law enforcement institutions pursuant to the Polish law. Furthermore, to enhance the freedoms guaranteed by the Constitution, the Ministry of the Interior and Administration is preparing the amendment to the law on public assemblies, designed to ensure that the refusal by municipal authority to allow a public assembly can be heard on appeal before the planned date of the assembly.
    Implementation
    National Report:
    Para 139) Some of the events organized by the LGBT community are of a nationwide and open format e.g. parades which takes place in the streets of the largest Polish towns. Polish law enables organizers and participants to hold free and safe parades and demonstrations (e.g. EuroPride 2010 in Warsaw). In an effort to better implement the constitutional principle of freedom of assembly, the Ministry of Interior has drafted an amendment to the Act of 5 July 1990 the Law on Assemblies.

    Para 141) Since 2011, large-scale events attended by representatives of the LGBT community are monitored by Police plenipotentiaries for human rights protection, e.g. in terms of the behaviour and reactions of Police officers. The Police cooperates with LGBT associations "Campaign against Homophobia" and "Lambda". This cooperation consists both in raising LGBT awareness among Police officers, and in organizing meetings of LGBT representatives with Police experts on how to help crime victims.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Estonia

    Estonia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    13th session, June 2012
    Status:
    Unclear Response
    Contents:
    Swiftly finalize the ratification of OP-CRPD.
    Explanation
    Once CRPD has been ratified, the Optional Protocol will be examined with a view to possible signature and ratification in due course.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    13th session, June 2012
    Status:
    Accepted
    Contents:
    Establish a specific and comprehensive plan to combat gender violence and provide it with the necessary resources for its implementation.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Slovenia

    Slovenia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Abortion
    Type:
    Recommendation
    Session:
    13th session, June 2012
    Status:
    Accepted
    Contents:
    Define unambiguously the circumstances under which therapeutic abortion is allowed.
    Implementation
    National Report:
    Para 65) The conditions for abortion are defined in the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus, and Conditions of Admissibility of Abortion (recommendations 106, 107, 108, 109). The Act governs issues concerning a woman’s consent for abortion, and the period of pregnancy when abortion is lawful. Moreover, according to the Act, individuals covered by social security and individuals entitled to free-of-charge medical care are eligible to use free-of-charge abortion in the healthcare sector.

    Para 66) The doctor may perform an abortion where: the pregnancy poses a hazard to the life or health of the pregnant woman; prenatal diagnosis or other medical indications suggest a high risk of severe and irreversible impairment of the foetus or an incurable life-threatening disease of the foetus; there is a reasonable suspicion that the pregnancy is the result of a crime.

    Para 67) The Act of 6 November 2008 on the Rights of Patients and the Commissioner for Patients’ Rights (CPR) introduced into the Polish legal system the right of patients to raise reservations about the opinion or judgment of a physician. Reservations may be raised where the opinion or judgment affects the patient’s rights or obligations under the law. The right is an effective remedy, among other things, for women who have been refused an abortion (under the circumstances laid down in the Act), a referral to prenatal diagnosis, or a prenatal diagnosis upon referral. Reservations against the opinion or judgment of a physician may be filed with the Medical Board of the CPR.

    Para 68) It should be noted in the context of patients’ rights under the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus, and Conditions of Admissibility of Abortion that claims may be raised for compensation in the event of financial loss due to additional costs of raising a handicapped child paid by parents due to a violation of the parents’ rights to plan the family and to have access to abortion, where caused by physicians. The issue of damages for such claims is reflected in national jurisprudence.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Cuba

    Cuba
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Gender equality
    • Women's participation
    Type:
    Recommendation
    Session:
    1st session, April 2008
    Status:
    Unclear Response
    Contents:
    Recommended to Poland to continue to promote the participation of women in the public and political life of the country until they have gradually achieved a level of gender equality.
    Explanation
    Two multi-module projects are planned in 2008 under Operational Program Human Capital of the European Social Fund. The first project is focused on reconciling the vocational and family roles of men and women. It will involve research on the family roles adopted by men and women (division of household chores, attitudes to work etc.) for the purpose of charting changes in social trends, including those stimulated in the framework of the Operational Program Human Capital. The second project will be designed to stimulate women's socio-economic activity at the local and regional level.
    Implementation
    National Report:
    Para 93) To promote women's participation in public and political life, the Parliament passed in 2011 Amendment to the Electoral Law to Municipal Councils, Poviat Councils and Voivodeship Councils; the Electoral Law to the Sejm of the Republic of Poland and to theSenate of the Republic of Poland and the Electoral Law to the European Parliament that introduces the quota system.

    Para 94) The number of women candidates may not be less than 35% of the total number of candidates on the ballots and the total number of men candidates may not be less than 35% of all the candidates on the ballots to municipal councils, poviats, voivodeship councils, the Sejm and the Senate and to the European Parliament. If the quota is not met and the defect is not removed within a specified time, such ballot will not be registered.

    UN Compilation:
    Para 39) While welcoming efforts to increase the proportion of women in the public and private sector, HR Committee remained concerned about the continued underrepresentation of women in senior positions in the public and political sphere.

    Stakeholder Summary:
    Para 34) JS5 stated that the participation of women in public and political life is low. It mentioned that the results of the latest elections demonstrated that the new Electoral Code requiring that electoral lists consist of at least 35 per cent of representatives of each gender is not effective as only 24 per cent of newly elected parliamentarians are women. JS6 stated that the new Code permits the political parties to put women at the less prestigious positions on the electoral lists.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    New Zealand

    New Zealand
    Regional group
    WEOG
    Political group
    PIF
    Commonwealth
    Issue:
    • Intersex persons' rights
    • 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:
    Recommendation
    Session:
    41st session, November 2022
    Status:
    Rejected
    Contents:
    Implement comprehensive measures to eliminate discrimination against the LGBTQI+ community, including by amending current hate crime provisions to include crimes against a person based on their sexual orientation or gender identity.
    Explanation
    Poland 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.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    13th session, June 2012
    Status:
    Reference Addressed
    Contents:
    CESCR expressed its concern at the absence of a framework legislation embodying the principle of equal rights of men and women. It urged Poland to promote and incorporate the principle of equal rights of men and women in its legislation and to take effective measures, including temporary special measures where necessary, to ensure equality between men and women. [Para 11]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Australia

    Australia
    Regional group
    WEOG
    Political group
    PIF
    Commonwealth
    Issue:
    • Sexual violence
    • Domestic violence
    Type:
    Recommendation
    Session:
    41st session, November 2022
    Status:
    Rejected
    Contents:
    Introduce a consent-based definition of rape, amongst other measures, to protect family and domestic violence survivors.
    Explanation
    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.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Transgender persons' rights
    Type:
    Review Documentation
    Session:
    13th session, June 2012
    Status:
    Neglected
    Contents:
    T-FF recommended that Poland adopt a law on gender recognition, which respects the human rights of transgender people and does not require a person to undergo any medical procedures or go through a real-life test. The gender recognition process should also be free of third person intervention and become an administrative matter. [Para 28]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Italy

    Italy
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    41st session, November 2022
    Status:
    Unclear Response
    Contents:
    Sign and ratify the OP-ICESCR.
    Explanation
    Noted without taking a definitive position. Ratification is not planned at the moment.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    41st session, November 2022
    Status:
    Unclear Response
    Contents:
    Reform the Criminal Code so that sexual orientation and gender identity are expressly included among the grounds to be protected against discrimination.
    Explanation
    Noted with an interpretative remark. Poland has legal norms that are general in character, giving way to full and wide-ranging protection for everyone. … 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:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Recommendation
    Session:
    41st session, November 2022
    Status:
    Unclear Response
    Contents:
    Comply with the recommendations of the Group of Experts on combating violence against women and domestic violence regarding the application of the Istanbul Convention.
    Explanation
    Noted.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Lithuania

    Lithuania
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    41st session, November 2022
    Status:
    Accepted
    Contents:
    Continue to pursue gender equality through effective implementation of The National Action Plan for Equal Treatment.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Belgium

    Belgium
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Sexuality education
    Type:
    Question
    Session:
    41st session, November 2022
    Status:
    N/A
    Contents:
    Will the government of Poland refrain from criminalizing comprehensive sexuality education and ensure its provision to all children and adolescents both in and outside of school?
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Norway

    Norway
    Regional group
    WEOG
    Issue:
    • Discrimination based on gender identity
    • Discrimination based on sexual orientation
    Type:
    Recommendation
    Session:
    27th Session May 2017
    Status:
    Accepted
    Contents:
    Amend the Penal Code to provide that crimes motivated by discrimination on any grounds, including disability, gender identity and expression and sexual orientation, are included in the Code and therefore can be investigated and prosecuted as hate crimes.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Norway

    Norway
    Regional group
    WEOG
    Issue:
    • Abortion
    Type:
    Recommendation
    Session:
    27th Session May 2017
    Status:
    Accepted
    Contents:
    Ensure that women can have access to lawful abortions by creating clear, legally binding regulations for the implementation of the 1993 Family Planning Act.
    Explanation
    Accepted and implemented.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Turkey

    Turkey
    Regional group
    WEOG
    Political group
    OIC
    Issue:
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Recommendation
    Session:
    27th Session May 2017
    Status:
    Accepted
    Contents:
    Harmonize its national legislation with the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.
    Explanation
    Accepted and implemented.
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    27th Session May 2017
    Status:
    Neglected
    Contents:
    The CEDAW recommended that Poland strengthen the mandate and authority of the Government Plenipotentiary for Equal Treatment and that it increase the Plenipotentiary’s financial and human resources, while providing it with a separate budget to support its gender equality activities. [Para 10]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    27th Session May 2017
    Status:
    Neglected
    Contents:
    The CEDAW recommended that Poland adopt temporary special measures to promote access for women to employment; review its legislation and policies to promote equal opportunities for and equal treatment of women in employment; and ensure equal remuneration for work of equal value. [Para 71]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    National Report

    Issue:
    • Maternal health / morbidity / mortality
    Type:
    Review Documentation
    Session:
    41st session, November 2022
    Status:
    N/A
    Contents:
    The list of guaranteed services from the scope of preventive health programmes and conditions for their implementation includes a prenatal-diagnosis programme. The programme contains a precise description of the scope of procedures falling within the guaranteed services, as well as eligibility criteria for the patient and for the provider. [Para 38]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    UN Compilation

    Issue:
    • Maternal health / morbidity / mortality
    • Marginalized groups of women
    Type:
    Review Documentation
    Session:
    41st session, November 2022
    Status:
    Not Followed up with a Recommendation
    Contents:
    The Committee on the Elimination of Racial Discrimination recommended that Poland: … (d) remove all financial barriers, as well as any legal, administrative, language or cultural barriers, that impeded access by undocumented migrant women to affordable maternal health care throughout pregnancy, including by prohibiting health-care facilities and medical professionals from eliciting information from patients about their immigration status; Para 45]
  • State Under Review:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Intersex persons' rights
    • 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 Documentation
    Session:
    41st session, November 2022
    Status:
    Reference Addressed
    Contents:
    JS9 recommended to amend, in the upcoming two years, the Criminal Code, by adding sexual orientation and gender identity as protected grounds of discrimination; properly investigate and prosecute hate crimes/hate speech motivated by discrimination on the grounds of sexual orientation, gender identity and sex characteristics by the police and prosecutor’s office; amend the Act on Equal Treatment to prohibit discrimination comprehensively including sexual orientation, gender identity and sex characteristics in all spheres and sectors, including education, health care, social protection and housing; ... [Para 49]

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