Displaying 40526 - 40550 of 58126 recommendations found
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:PanamaPanamaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Marginalized groups of women
Type:QuestionSession:41st session, November 2022Status:N/AContents:What steps have been taken to bring 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 Non-custodial Measures for Women Offenders (the Bangkok Rules)? -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UzbekistanUzbekistanRegional groupAsia-Pacific GroupPolitical groupOICCISIssue:
- Gender equality
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Develop and start the implementation of the policy on reducing the wage gap between man and women, including in the sector of low paid women jobs.ExplanationIn the course of implementation.ImplementationNational Report:
Para 58) According to Eurostat (2014), the wage gap in Poland is 7.7% to the disadvantage of women, compared to 16.1% in the EU. The Government continues to work towards equal pay for women and men. Actions focus on promotion of and information about the principle of equal pay for women and men (including campaigns), implementation of a policy in support of reconciliation of professional and family lives (including maternity leaves, parenting leaves, promotion of alternative solutions and strategies in the workplace, day care), monitoring of unequal treatment.
Para 59) Every complaint with claims of discrimination filed with the National Labour Inspectorate is reviewed. Free-of-charge legal advice is available. The National Labour Inspectorate is also engaged in prevention and promotion.
Para 60) Employees’ rights facilitating the reconciliation of professional life and family life have been significantly extended in recent years: the list of leaves available to working parents has been extended, and parents are able to share this right. The most recent major amendment of the Labour Code (LC) in this regard took effect on 2 January 2016. The new provisions ensure that working parents can fully share the right to a leave (part of the maternity leave, parental leave).
Para 61) The last example of the Government’s initiatives is the project “Family and jobs: It pays off!” launched in 2016 to create a climate conducive to reconciliation of professional and family lives and to promote solutions in support of reconciliation of those roles.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Holy SeeHoly SeeRegional groupObserverIssue:
- Birth registration
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Continue its efforts to assure birth registration of all children including the children of undocumented migrants.ImplementationNational Report:
Para 110) The legality of the stay of the parents of a child born in the territory of Poland is irrelevant to the registration of the birth in Poland. A new Act – Law on Certificates of Civil Status – which took effect in March 2015, largely retained the rules of birth registration
Para 111) If a birth takes place in the territory of Poland, it is registered in the civil status register. Births are registered either based on a report of the event to the head of the civil registry office by an eligible person or proxy, or ex officio by the head of the civil registry office if the eligible person or proxy fails to report the birth of a child to the civil registry office within 21 days of the issue of the birth card. In such a case, the child’s birth certificate is issued on the basis of a document submitted by the medical service provider. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Sex work / "prostitution"
- Violence against women / gender-based violence
- Gender perspective in policies, programmes
- Domestic violence
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:The Working Group on the issue of discrimination against women in law and in practice recommended that the Government: (a) ensure a comprehensive approach to combating gender-based violence against women, and the full compatibility of laws regulating domestic violence with international standards, by broadening the scope of its definition and coverage, including a gender-sensitive focus on the specific concerns of women, and the implementation of effective emergency barring orders; ... (c) ensure the efficiency of the proceedings for issuing restraining orders; (d) improve services for victims/survivors of gender-based violence and their access to justice, in particular women in vulnerable situations, such as minority women, older women, women and girls with disabilities, migrant women and sex workers, including access to shelter for the period needed, as well as preferential access to municipal housing assistance; ... [Para 39]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Sexuality education
- Abortion
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:JS10 recommended to urgently reform the law so as to decriminalize abortion and legalize abortion on request, at least up until 12 weeks of pregnancy, and adopt the necessary accompanying guidelines to ensure women can access safe abortion services in a timely manner and without unnecessary authorization or certification requirements. JS10 recommended to review the delivery of sexuality education in schools, especially teachers’ preparation, qualifications and attitude, communication with students, programs, topics and style of presenting them. The sexuality education should be obligatory and comprehensive. [Para 37]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Introduce regulations to avoid abuses of the Conscience Clause and to establish appellation mechanisms to improve access to reproductive health services legal under present law. [Para 26] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Sexual abuse
- Sexual exploitation / slavery
- Sexual violence
Type:Review DocumentationSession:13th session, June 2012Status:N/AContents:On 8 June 2010, amendments to the CC and other laws introducing more effective measures counteracting paedophilia, including in the Internet, entered into force with the aim to increase the liability of perpetrators of sexual offences against children under 15. The amendment of the CC brought the Polish law in line with the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention). The amendment enacted more effective measures against such offenders, providing for mandatory placement of a sentenced offender in a centre that runs pharmacological therapy or psychotherapy. [Para 67] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- HIV and AIDS
Type:Review DocumentationSession:13th session, June 2012Status:NeglectedContents:CESCR recommended that Poland ensure that treatment and care be available to and accessible by persons living with HIV/AIDS. [Para 51] -
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-CRPD.ExplanationAt this time, the Government cannot present its final position concerning this recommendation; the justifiability of signing and ratifying the Protocol to the Convention on the Rights of Persons with Disabilities will be subject to a future review. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- 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:27th Session May 2017Status:AcceptedContents:Strengthen efforts to protect lesbian, gay, bisexual, transgender and intersex persons against violence and discrimination, including by including sexual orientation and gender identity in hate speech provisionsExplanationPreventing and combating all forms of discrimination is an ongoing task of public authorities. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Provide adequate and stable funding for care centres and shelters for women and children victims of domestic violence.ExplanationAccepted and implemented. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Contraception
- Abortion
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Ensure legal, timely and effective access to both safe abortion and contraception.
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. ... Provisions of the Act of 27 August 2004 on Publicly Financed Health Benefits and of the Regulation of the Minister of Health of 6 November 2013 concerning guaranteed benefits in the area of specialized outpatient care provide women with health-care covering specialized services in the area of obstetrics and gynaecology: (i) obstetric-and-gynaecological advice and (ii) gynaecological advice for girls. These include especially assistance with procreative health. In the Republic of Poland there are currently registered and available contraceptive agents being medicinal products or medical devices, as well as medical drugs and devices used during pregnancy and necessary for foetal care and medical care during pregnancy.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Abortion
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:The CAT and the HR Committee were concerned about clandestine abortions, which might put the lives and health of women at risk. The CEDAW recommended that Poland amend the 1993 Act on Family Planning, Human Fetus Protection and Preconditions for the Admissibility of Abortion to make the conditions for abortion less restrictive; establish clear standards for a uniform and non-restrictive interpretation of the conditions for legal abortion, so that women could have access to it without limitations due to the excessive use by medical personnel of the so-called “conscientious objection” clause; and ensure effective remedies for contesting refusals of abortion, within the revision of the Act on Patient Rights. [Para 61] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:MontenegroMontenegroRegional groupEEGIssue:
- Discrimination based on sexual orientation
- Women's and / or girls' rights
- Discrimination based on gender identity
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Prohibit explicitly multiple and intersectional discrimination on the grounds of disability, sex, age, ethnicity, gender identity or sexual orientation and any other status in its anti-discrimination legislation, including the Equality Act.
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”.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The CEDAW from primary education, take effective measures to retain them in school and increase their attendance at the secondary level through temporary special measures and support. UNESCO recommended that Poland implement equal access to education, especially for Roma girls and migrants. [Para 91] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Ratify the OP-CRC-IC.
ExplanationNoted without taking a definitive position. Ratification is not planned at the moment.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Ensure a comprehensive approach to combating sexual and gender-based violence and aligning national laws on domestic violence with international standards.
ExplanationNoted. Poland understands the term “gender” as exclusively biological sex, therefore a natural sex of a person, that is of a woman or a man.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:PanamaPanamaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Sexual exploitation / slavery
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Reinforce the identification of children who are victims of sexual exploitation and trafficking in persons, in particular those in situations of vulnerability, such as unaccompanied children who are asylum seekers, refugees or migrants.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Timor-LesteTimor-LesteRegional groupAsia-Pacific GroupIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Continue combating gender-based violence against women.
ExplanationThe Victim Assistance Network financed by the Justice Fund provides legal, psychological and therapeutic assistance for all victims, as well as medical assistance in justified cases. Unpaid assistance for victims is provided by legal professionals, psychologists, psychotherapists and physicians authorized to provide the aforesaid services pursuant to the provisions of domestic law, including without limitation special provisions governing the right to practice the profession. Currently, the Victim Assistance Network operates 305 centres throughout Poland providing assistance financed by the Justice Fund. Through them, victims of crime are given access to legal and psychological assistance. Assistance from the Justice Fund is offered to all victims of all sorts of criminal offences. This assistance is easily accessible; from 1 January to 30 November 2022 nearly 28,000 persons used the assistance provided by the Victim Assistance Network, the majority having been women — 20,000. ... Poland understands the term “gender” as exclusively biological sex, therefore a natural sex of a person, that is of a woman or a man.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- HIV and AIDS
Type:Review DocumentationSession:1st session, April 2008Status:N/AContents:In 2005 the Council of Ministers adopted a regulation on the National Program of Combating AIDS and Preventing HIV Infections. The experts who prepared the "Timetable for the Implementation of the National Program of Combating AIDS and Preventing HIV Infections for the years 2007-2011" took into account the recommendations of UNAIDS and WHO. [Para 80] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:Unclear ResponseContents:Sign and ratify the OP-CRPD.ExplanationAt this point in time, the Polish Government cannot make a definitive
statement on this recommendation; Poland will examine the Optional Protocol to the CRPD with a view to possible signature and ratification in due course; -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:ThailandThailandRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Sexual exploitation / slavery
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Bring its domestic legislation relating to the protection of the rights of children, especially in cases of child prostitution, child pornography, and child victims of trafficking, in line with its obligations under the CRC.ImplementationNational Report:
Para 6) Since the second UPR, Poland has ratified or signed the following international conventions:
• CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25.10.2007, made in Lanzarote (Lanzarote Convention), took effect on 20.02.2015;
Para 74) Poland has introduced specific categories of offences in the amendment of 5 November 2009 to harmonise Polish law with the Lanzarote Convention.
Para 75) Polish criminal law prohibits sexual intercourse with minors under 15, other sexual activities involving such persons, or coercing such persons to submit to or make such activities. It penalises among other things presenting pornography to minors under 15, soliciting minors for sexual intercourse or other sexual activity, and promoting paedophilia.
Para 76) An amendment of the CC and the CCP effective in January 2014, reinforced protection of minors who are victims or witnesses against the adverse impact of repeated interviews during criminal proceedings. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Maternal health / morbidity / mortality
- Marginalized groups of women
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:CRPD recommended that Poland: ... (b) take measures to ensure universal coverage of health services for all women and girls with disabilities, including by providing information in accessible formats on their sexual and reproductive health and rights, gynaecological services, perinatal care and adapted health-care equipment, such as gynaecological rooms; [Para 31]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Rights of same-sex desiring persons
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:The Special Rapporteur [in the field of cultural rights] recommended that Poland review the legal framework so as to enable same-sex couples to enter into civil unions and enjoy equality. [Para 44]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Women's and / or girls' rights
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Take concrete measures to enhance women's access to health care, in particular to sexual and reproductive health services. [Para 30; CEDAW, CESCR]