Displaying 40626 - 40650 of 58126 recommendations found
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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:LithuaniaLithuaniaRegional groupEEGPolitical groupEUIssue:
- Gender equality
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Continue to pursue gender equality through effective implementation of The National Action Plan for Equal Treatment.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Sexuality education
Type:QuestionSession:41st session, November 2022Status:N/AContents: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:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:EstoniaEstoniaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:Unclear ResponseContents:Swiftly finalize the ratification of OP-CRPD.ExplanationOnce CRPD has been ratified, the Optional Protocol will be examined with a view to possible signature and ratification in due course. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Establish a specific and comprehensive plan to combat gender violence and provide it with the necessary resources for its implementation. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Abortion
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Define unambiguously the circumstances under which therapeutic abortion is allowed.ImplementationNational 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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- 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 StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Violence on the basis of gender identity
- Violence on the basis of sexual orientation
- Discrimination based on gender identity
- Discrimination based on sexual orientation
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Combat violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons.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:IcelandIcelandRegional groupWEOGIssue:
- Abortion
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Implement fully and effectively the judgments of the European Court of Human Rights on access to abortion.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:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:1st session, April 2008Status:Unclear ResponseContents:While enquiring about the status of the legislative proposal aimed at "punishing anyone who promotes homosexuality or any other deviance of a sexual nature in education establishment", recommended to withdraw it if it has not yet been doneExplanationThe proposal to punish the promotion of homosexuality in educational establishments was put forward in 2007, during the preparation of the amendment to the law on the system of education. There was no follow-up to that proposal.ImplementationNational Report:
Para 69) Draft amendment to the Educational System Act of 2007 required schools to protect students against content that threatened their correct mental and moral development by attacking the principle that marriage and the family should be protected and by promoting homosexuality. As education is an action undertaken on the basis of dialogue and social consultations, given that the proposed amendments had not met with acceptance, they were firmly rejected.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Work to address the issue of domestic violence in Poland and ensure support for victims.ExplanationAccepted and implemented. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Rights of same-sex desiring persons
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:The HR Committee recommended that Poland review the legal status of same-sex couples and parents with a view to ensuring their enjoyment of the right to non-discrimination in law and in fact. [Para 22] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Forced marriage
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The CRC noted with concern cases of forced marriages of girls in situations of migration and refugee and asylum-seeking girls. [Para 77] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Maternal health / morbidity / mortality
Type:Review DocumentationSession:41st session, November 2022Status:N/AContents: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: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: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:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents: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:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Transgender persons' rights
Type:Review DocumentationSession:13th session, June 2012Status:NeglectedContents: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:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Gender equality
- Gender perspective in policies, programmes
Type:RecommendationSession:1st session, April 2008Status:Unclear ResponseContents:Recommended reinstituting the Office of the Government Plenipotentiary for the Equality of Men and Women or a similar governmental structure to serve as an effective mechanism at the highest possible political level for the promotion of gender equality and to coordinate the integration of gender perspective across all sectors.ExplanationAt present, the Ministry of Labor and Social Policy is in charge of the coordination of undertakings related to the status of women and the family in society, as well as with combating all forms of discrimination. The Plenipotentiary's obligations complement those of other ministers in this area. He/she is responsible inter alia for government policy on equal treatment and analyses the impact of legal regulations on issues relating to equal treatment.ImplementationNational Report:
Para 91) In March 2008, in order to increase the effectiveness of the government institutional system dealing with protection against discrimination, the Government Plenipotentiary for Equal Treatment was appointed in the rank of secretary of state in the Office of the Prime Minister. The Plenipotentiary worked from 2008 until 2010 pursuant to the Ordinance of the Council of Ministers of 22 April, 2008, that defines her competencies.
Para 92) The Act Implementing Certain European Union Provisions on Equal Treatment from 2010 tasks the Plenipotentiary with the implementation of government equal treatment policy, including counteracting discrimination, in particular on account of sex, race, ethnic origin, nationality, religion, faith, beliefs, age, disability, and sexual orientation. The Plenipotentiary carries out the following tasks, among others:
- drafting and providing opinion on draft laws in the scope of equal treatment,
- analysis and assessment of legal measures to see whether they respect the principle of equal treatment and submitting motions to enact or amend legislative acts;
- acting to eliminate or limit the consequences of violating the principle of equal treatment;
- analysing and assessing the legal and social situation when it comes to equal treatment and initiating, implementing, coordinating or monitoring measures meant to ensure equal treatment, as well as protect against discrimination;
- cooperating with competent public administration authorities, social partners, NGOs and other entities in the area of equal treatment;
- promoting, disseminating and propagating issues relating to equal treatment;
- preparing the National Equal Treatment Action Plan. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:1st session, April 2008Status:N/AContents:A Team for Monitoring the Implementation of the National Program Against Domestic Violence was established in 2007. Its tasks include:
- elaboration and unification of the standards of assistance granted to victims, witnesses and perpetrators of violence, collection of data on the scale of domestic violence, analysis of local community needs,
- initiation of and support for undertakings to counter domestic violence,
- preparation of expert opinions on selected aspects of domestic violence. [Para 71] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- International human rights instruments
Type:RecommendationSession:1st session, April 2008Status:Unclear ResponseContents:Consider the ratification of CRPD as well as its OP.ExplanationPoland signed the Convention [CRPD] on March 30 2007. However, before a decision is taken on ratification, a detailed examination of domestic legislation will be conducted to identify possible amendments to existing laws to ensure full compatibility with the Convention and to assess their financial, economic and social consequences. The review will begin in mid-2008 and, due to the complexity of the subject matter covered by the Convention, is expected to last between 9 and 12 months. A preliminary analysis of domestic legislation, conducted prior to the signing of the Convention, demonstrated that most of its provisions are already incorporated in Polish law.ImplementationNational Report:
Para 78) Persons with disabilities are guaranteed welfare, economic and legal protection under the Constitution of the Republic of Poland in laws enacted by Parliament and other lower-rank legislation.
Para 79) The right of persons with disabilities to lead an independent, self-sufficient and active life is confirmed by the Resolution of the Polish Sejm of 1 August, 1997 The Charter of Persons with Disabilities. This document lists ten rights of special importance for persons with disabilities and identifies key areas of the policy of equal opportunities for persons with disabilities.
Stakeholder Summary:
Para 1) The Helsinki Foundation for Human Rights (HFHR) recalled that Poland still did not ratify the CRPD. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- 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:1st session, April 2008Status:Reference AddressedContents:AI made recommendations in which it called the Government to ensure thorough and impartial investigations into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity; to ensure that no authorities makes public statements which could be interpreted as encouraging discrimination; to actively promote the rights to freedom of expression, association and assembly; to ensure the explicit prohibition in Polish legislation of discrimination on the grounds of sexual orientation or gender identity or expression; and to reinstitute the Office of the Government Plenipotentiary for Equality of Men and Women. [Para 5] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:FinlandFinlandRegional groupWEOGPolitical groupEUIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Ensure timely and effective access to sexual and reproductive health services and to refrain from criminalizing their provision.
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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Take all necessary steps to end stigmatization of the LGBTI+ community and introduce legal recognition of same-sex relationships.
ExplanationPoland 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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:EstoniaEstoniaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Ratify the OP-CRPD.
ExplanationNoted without taking a definitive position. Ratification is not planned at the moment.