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 89) These principles are brought to life primarily by Article 32(2) of the Polish Constitution, which prohibits discrimination in political, social or economic life, for any reason. The Polish Constitution guarantees for everyone, including persons belonging to sexual minorities, the right to equal treatment by public authorities.
Para 90) All persons who believe the wrong sex to have been recorded in their documents at birth have access to a judicial procedure for the change of the sex reflected in the civil records. The Supreme Court affirmed in an order of 22 March 1991 that, ‘the sense of belonging to the relevant sex may be regarded as a personality right’, which is legally protected. A judicial change of sex does not forfeit parental responsibility for one’s children, and a person undergoing the surgical adjustment of sexual characteristics is not required to undergo sterilization.
Para 93) Notwithstanding the foregoing, it has to be remarked that, in Poland, the legally institutionalized (formal) relationship is marriage, which is recorded in the civil-registration system. Under the Constitution of the Republic of Poland and the Family and Guardianship Code, marriage is defined as a relationship between a man and a woman. Thus, according to the law in force, it is not possible for persons of the same sex to enter into matrimony in the territory of the Republic of Poland.
State under Review
National Report
Stakeholder Summary
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) The Special Rapporteur in the field of cultural rights remained concerned about the lack of specific legal protection for lesbian, gay, bisexual and transgender persons under Polish law, a gap that must be filled promptly. There were no specific policies and standards ensuring the equal treatment and safety of lesbian, gay, bisexual and transgender persons in schools, both teachers and students. Many schools had denied the existence of lesbian, gay, bisexual and transgender students, who reported experiencing homophobic behaviour not only from other students but also from teachers and educators, and in particular in the context of religion classes. 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. Sometimes the hate speech emanated from those in official positions, which was especially worrying.