Session
National Report
Para 88) Any persons belonging to or identifying with sexual minorities are treated equally to all other citizens in Poland. Polish law protects persons identifying with LGBT groups on par with other persons through general criminal provisions prohibiting violence, defamation or harassment against any citizens or foreigners. Polish authorities steadfastly condemn any acts of aggression against any of their citizens or foreigners present in Polish territory. The prevention of and protection against any form of discrimination belong to the continuing tasks of public authorities in Poland.
Para 91) In cases of ‘hate crimes’ the Police, prosecution service and court may not compel the victim to disclose sexual orientation. If the victim discloses it voluntarily and the circumstances of the case indicate the possibility of a hateful motivation in the defendant, the fact is accounted for as an aggravated circumstance thereafter in the proceedings.
Para 92) According to the data in the ODIHR report titled ‘Hate Crime Reporting 2019’, the scale of crime motivated by hate and prejudice targeting LGBT people in Poland continues to be on a very low level.
State under Review
National Report
Stakeholder Summary
Para 12) JS2 noted that hate crimes are widespread in Poland. People identified as, or associated with, … LGBTI …
Para 48) AI noted that the situation of LGBTI people in Poland has worsened significantly since the last review. A governmental electoral campaign targeting LGBTI people has led to a well-documented increase of homophobia, transphobia and biphobia, especially the introduction of so called “LGBT ideology-free zones'' in 94 local government areas by June 2020 and repeated targeted and smear attacks, harassment, profiling and policing of human rights defenders advocating for LGBTI rights. Since 2019, the Code of Petty Offenses has been increasingly used by the authorities to target and penalize people, particularly LGBTI advocates, restricting their ability to participate in public life and events.
Stakeholder Summary
UN Compilation
UN Compilation
Para 44) … There were also no laws specifically prohibiting homophobic hate speech or hate crimes. Acts of hate and hate speech against lesbian, gay, bisexual and transgender persons and their cultural events continued.