Displaying 40501 - 40525 of 58126 recommendations found
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Maternal health / morbidity / mortality
- Marginalized groups of women
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents: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]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... Poland should further amend the Law on Equal Treatment so that the issue of discrimination based on all grounds and in all areas is adequately covered. Furthermore, CESCR remained concerned at the de facto discrimination experienced by some disadvantaged and marginalized individuals and groups, such as ... lesbian, gay, bisexual and transgender persons in the enjoyment of their economic, social and cultural rights. [Para 15] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- 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 DocumentationSession:41st session, November 2022Status:Reference AddressedContents: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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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:JS3 and JS6 recommended that Poland develop and implement a policy to address the wage gap between women and men, particularly in low-paid feminized employment sectors. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Discrimination based on sexual orientation
- Gender equality
Type:Review DocumentationSession:1st session, April 2008Status:N/AContents:The Ministry of Labor and Social Policy has prepared a draft law on equal treatment, which was to have been submitted to parliament in February. In view of the serious problems encountered in the work (precise definition of the subjective and objective scope of application of the law, determination of its relationship with other laws, position of the authority supervising the law's implementation) the date of conveying the law to parliament has been delayed. The law will ban discrimination for reasons of sex ... sexual orientation, marital status or family situation ... [Para 31] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Conduct impartial and thorough investigations into allegations of violence against women and prosecute those responsible [Para 11] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:27th Session May 2017Status:Unclear ResponseContents:Sign and 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:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Amend the Criminal Code to provide that crimes motivated by discrimination on the grounds of sexual orientation or gender identity are investigated and prosecuted as hate crimes.ExplanationAccepted; under implementation. Relevant measures already carried out by the Police, the Ministry of the Interior and Administration, and the Government Plenipotentiary for Equal Treatment. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Implement fully and effectively the judgments of the European Court of Human Rights in the case of RR v. Poland and P&S v. Poland on the issue of women and girls’ access to sexual and reproductive health-care and services.ExplanationAccepted and implemented. The patient’s right to file an objection to a medical doctor’s opinion or certificate is the principal measure introduced to the Polish legal system with a view to implementing the judgements. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:CroatiaCroatiaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Organize a national campaign to raise awareness on the specific needs of women victims of domestic violence and gender-based violence.ExplanationAccepted and implemented. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Sex work / "prostitution"
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The CEDAW regretted the limited measures taken to reduce the demand for prostitution and to provide alternative income-generating opportunities for women who wished to leave prostitution. [Para 46] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Enhance measures, including through policy, to combat discrimination on the grounds of sexual orientation and gender identity.
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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Sexual abuse
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:The CRC was concerned that a number of cases of sexual abuse of children by clergy might not yet have surfaced and that such abuse might still be ongoing. [Para 78] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SwedenSwedenRegional groupWEOGPolitical groupEUIssue:
- Abortion
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Decriminalise abortion in all cases and ensure that women have the right to decide over their own bodies, including through ensuring women’s access to necessary professional health services.
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. ... In regard to providing access to termination of pregnancy as in the case of Recommendation 118. As for the amendment of Article 152(2) of the Criminal Code, there are no plans to initiate legislative work in this respect. Therefore, there are no grounds to support the Recommendation to repeal or amend this provision in the near future. ... The 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. ... 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.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.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. 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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- Violence against women / gender-based violence
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:41st session, November 2022Status:Partially AcceptedContents:Step up efforts to combat violence against women and girls, namely by implementing the Istanbul Convention of the Council of Europe and ensure them full access to health services, including sexual and reproductive health.
ExplanationSupported in regard to combating violence against women and rejected for the remainder.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Costa RicaCosta RicaRegional groupGRULACPolitical groupOASOEIACSIssue:
- 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:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Criminalize crimes motivated by racial prejudice, disability, sexual orientation and gender identity as a hate crime.
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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- 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:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Denounce and condemn at the highest political levels all forms of hate speech and intolerant rhetoric, including antisemitism, and statements or resolutions that encourage hostility and violence, and ensure respect for the human rights of all persons, including LGBTQI+ persons, members of ethnic minority groups, and members of marginalized communities.
ExplanationNoted. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SlovakiaSlovakiaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Ratify 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 ...
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Discrimination based on gender identity
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Recognize gender identity as possible ground for discrimination and gender identity and sexual orientation as an aggravating circumstance for hate crime.ImplementationNational Report:
Para 85) The prohibition of discrimination in political, social and economic life on all grounds is part of the Polish legal system enshrined in Article 32 (2) of the Constitution. The Polish legal system, considered holistically, safeguards broad protection of the principle of equal treatment on many levels.
Para 86) Protection against discrimination should be considered in the first place in the context of protection of personal rights safeguarded by civil law. In the current legal status quo, this matter is governed by Article 23 of the Civil Code. It defines personal rights by providing an open-ended list of designations including reputation, freedom of conscience, name and image.
Para 87) The aforementioned provisions imply that protection of personal rights is comprehensive as it may be exercised in many ways using diverse remedies. It may be financial or non-financial in nature.
Para 88) Further to the foregoing, it should be noted that the applicable legislation offers comprehensive protection of any person whose personal rights have been violated or put at risk. This includes two types of non-financial claims: to cease and desist, and to take measures necessary to eliminate the violation of personal rights. Furthermore, it provides that financial protection as compensation may be adjudicated in favour of the victim or a charity in each case of violation of (or risk to) personal rights, as well as damages where a financial loss is incurred due to the violation of personal rights.
Stakeholder Summary:
Para 13) AI stated that the Criminal Code specifically provided for the investigation and prosecution of hate crimes motivated by race, ethnicity, nationality, religion and political affiliation. However, it did not establish that age, disability, gender, gender identity and expression, sexual orientation, and social or economic status were grounds to investigate and prosecute hate crimes
Para 18) Concerning the collection of data on and monitoring of hate crime and hate speech, JS4 stated that the system was fairly capable of capturing recorded incidents motivated by racism and xenophobia (bias motivations included in the Criminal Code), however, when it came to biases which were not mentioned in the Criminal Code, primarily sexual orientation, gender identity and disability, the numbers captured were still negligible
Para 22) JS4 noted that Poland had not implemented recommendations 90.66, 90.68 and 90.94 on hate crimes against LGBT persons
Para 23) On recommendations 90.68 and 90.71, JS6 stated that LGBTI persons did not receive the full protection of the State for their enjoyment of freedom of association. A refusal to officially acknowledge attacks against them left LGBTI persons and other minority groups without adequate protection. AI noted that, in February and March 2016, the offices of two major LGBTI organizations in Warsaw, Campaign against Homophobia and Lambda, were attacked.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- 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:RecommendationSession:41st session, November 2022Status:AcceptedContents:Combat violence and discrimination against LGTB+ persons.
ExplanationAccording 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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:RomaniaRomaniaRegional groupEEGPolitical groupEUOIFIssue:
- Women's participation
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Continue the policy of increasing the number of women in public and political life.ImplementationNational Report:
Para 62) The goals of the National Action Programme for Equal Treatment for 2013–2016 include increased participation of women in decision-making. Key actions completed towards this goal include: support of greater political potential of women (education, mentoring programmes, networking); initiation and execution of a public debate on the benefits of balanced participation of women and men in politics (with the participation of politicians and NGOs). -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:CRC recommended that Poland: … (e) address homophobic behaviour by students and teachers targeted at lesbian, gay, bisexual and transgender students and teachers, in particular in the context of religion classes. [Para 33]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:N/AContents:A project called "Gender Mainstreaming as a Labour Market Tool", carried out from 2010 until 2012, is meant to promote equality of sexes in the labour market and to raise awareness of the need to implement an employment policy supporting working parents among employers and other institutions active in the labour market environment. [Para 89] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:JS2 recommended to amend the Criminal Code to ensure that all hate crimes are prosecuted ex officio and that the motivation of a crime based on ... the victim’s sexual orientation, gender identity, gender or disability, is treated as an aggravating circumstance. [Para 6]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Discrimination based on gender identity
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... T-FF recommended that Poland review the legal measures aimed to combat discrimination and include gender identity and gender expression as possible discrimination grounds in any context ... [Para 12]