Displaying 40551 - 40575 of 58126 recommendations found
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:... Continue to strengthen its efforts to 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:LiechtensteinLiechtensteinRegional groupWEOGIssue:
- Domestic violence
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Ensure that victims of domestic violence have access to adequate assistance, including legal and psychological counselling, medical help and shelter.ExplanationIn the course of implementation.ImplementationNational Report:
Para 116) The programme “Prevention of Domestic Violence and Violence on Grounds of Gender” is under implementation, aimed at raising awareness of domestic violence by:
• raising awareness and sensitising the general public to domestic violence;
• improving the skills of responsible services tackling domestic violence;
• improving the efficacy of interventions and reinforcing prevention of domestic violence;
• aligning the institutional infrastructure with the needs of victims of domestic violence
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:IraqIraqRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Birth registration
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Pay more attention to solve the problem of birth registration of illegal 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:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Extend its hate crime and hate speech legislation, to ensure equal treatment and broad protection for all from discrimination, regardless of sexual orientation or 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:SwitzerlandSwitzerlandRegional groupWEOGPolitical groupOIFIssue:
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Ensure effective access to timely and non-discriminatory sexual and reproductive health care and services, decriminalize abortion in all cases, and ensure that women and girls have access to safe and legal abortion in accordance with the CEDAW.
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:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Consider inviting the Independent Expert on the protection against violence and discrimination based on sexual orientation and gender identity to visit the country, in order to have timely technical advice to strengthen national policies and counter disinformation.
ExplanationNo declaration as to the date of the visit.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Introduce legislation against hate crimes and expand existing education programmes to prevent discrimination based on sexual orientation, gender identity and race to protect members of marginalised communities.
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:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Violence on the basis of sexual orientation
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Step up efforts to combat intolerance, violence and discrimination against migrants, ethnic and sexual minorities.
ExplanationNoted. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:MoldovaMoldovaRegional groupEEGPolitical groupCISOIFIssue:
- Women's participation
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Promote and support women political participation and women candidates at senior level in Government and state institutions, and secure an enabling workplace environment for women.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Abortion
Type:QuestionSession:41st session, November 2022Status:N/AContents:What measures is the Polish government going to take to ensure that health workers are able to practice safe abortions (in cases when the life of the mother is in danger) without any legal consequences? -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Family planning
- Contraception
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Strengthen measures aimed at the prevention of unwanted pregnancies, including by making a comprehensive range of contraceptives widely available at an affordable price and by increasing knowledge and awareness about different methods of family planning. [Para 30; CEDAW, HR Committee, CESCR] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:1st session, April 2008Status:Unclear ResponseContents:Adopt an anti-discrimination law that would ensure equal treatment and non-discrimination on any grounds, including sexual orientation and gender identityExplanationPoland envisages the adoption of the draft law on equal treatment by the end of 2008. It will regulate in a comprehensive manner the issues relating to equal treatment of persons without regard to sex, race, ethnic origin, religion or belief, political views, disability, age, sexual orientation, or marital and family status.ImplementationNational Report:
Para 108) On 1 January 2011, the Act Implementing Certain European Union Provisions on Equal Treatment entered into force. The Act organizes the legal regime and fully implements the provisions of EU anti-discrimination directives, while also defining the legal measures to protect the principle of equal treatment and the agencies responsible for implementing the principles of equal treatment.
Para 109) The Act comprises the definitions of direct and indirect discrimination, molestation, sexual molestation, unequal treatment, principles of equal treatment. The scope of the Act covers:
- undertaking vocational education;
- conditions for undertaking and performing economic and/or professional activity;
- entering and working in trade unions, employers' organizations and professional self-governments;
- access to and conditions for benefiting from:
- labour market instruments and services;
- social security;
- healthcare;
- general and higher education;
- services, including housing services, goods and the acquisition of rights and
energy, if offered to the public.
Para 112) In 2008 the Labour Code was amended with respect to the regulations governing equal treatment in employment. The changes include:
- the precise definition of indirect discrimination and of instances of discrimination;
- the precise description of situations which will not be considered a violation of the principle of equal treatment in the employment process;
- the precise scope of the protection given to an employee benefiting from the applicable rights as a result of a violation of the principle of equal treatment in the employment process.
Para 123) Actions directed against an individual due to hatred or intolerance for other reasons (e.g. social provenance or sexual orientation) are investigated as specific crimes, e.g. calumny, physical breach of personal integrity, battery or assault causing bodily harm, unlawful threats.
Para 139) Some of the events organized by the LGBT community are of a nationwide and open format e.g. parades which takes place in the streets of the largest Polish towns. Polish law enables organizers and participants to hold free and safe parades and demonstrations (e.g. EuroPride 2010 in Warsaw). In an effort to better implement the constitutional principle of freedom of assembly, the Ministry of Interior has drafted an amendment to the Act of 5 July 1990 %u2013 the Law on Assemblies.
UN Compilation:
Para 15) In 2010, HR Committee was concerned that the Law on Equal Treatment is not exhaustive and does not cover discrimination based on sexual orientation, disability, religion or age in the fields of education, health care, social protection and housing. Poland should further amend the Law 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 ethnic minorities, persons with disabilities, and lesbian, gay, bisexual and transgender persons in the enjoyment of their economic, social and cultural rights.
Para 16) HR Committee noted with concern a significant rise in manifestations of hate speech and intolerance directed at lesbian, gay, bisexual and transgender people. It also regretted the absence of a provision in the Penal Code on hate speech and hate crimes based on sexual orientation or gender identity as punishable offences. Poland should ensure that all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity are thoroughly investigated. It should also: legally prohibit discrimination on the grounds of sexual orientation or gender identity; and amend the Penal Code to define hate speech and hate crimes based on sexual orientation or gender identity among the categories of punishable offences. CESCR recommended that Poland counter homophobic attitudes in educational settings, ensuring that individuals are not discriminated against on the basis of their sexual orientation and identity.
Stakeholder Summary:
Para 6) Noting the adoption of the Act on the Implementation of Some Regulations of the European Union concerning Equal Treatment (Act) in 2010, HFHR stated that the Act is only restricted to the implementation of the EU anti-discrimination directives and that the Government did not try to adopt a comprehensive anti-discrimination law covering all major discrimination grounds. Furthermore, JS3 stated that certain provisions of the Act introduced a closed list of possible grounds for discrimination, whereas the Constitution prohibits discrimination for any ground. JS5 stated that the Act does not ensure equal treatment on all grounds in all aspects of life. AI positively noted that the Act provided for the definition of direct and indirect discrimination and of differential treatment ... -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- International human rights instruments
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:CESCR encouraged Poland to consider ratifying OP-ICESCR, CRPD ... [Para 1] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... JS6 recommended that Poland adopt regulations on same-sex partnerships or marriages. [Para 13] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- HIV and AIDS
Type:Review DocumentationSession:1st session, April 2008Status:N/AContents:With regard to persons living with HIV/AIDS, the following effects have been attained:
- lowering of death rates due to AIDS thanks to the broad availability of antiretroviral therapy, which (despite the high cost of the therapy) has been offered
free of charge by the Ministry of Health since 1996;
- systematic improvement in the quality of life of persons living with HIV, or
affected by the disease, thanks to the financing of civil society institutions out of the Health Minister's budget. [Para 82] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Discrimination based on gender identity
- Discrimination based on sexual orientation
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Amend the Penal Code to provide that crimes motivated by discrimination on any grounds, including disability, gender identity and expression and sexual orientation, are included in the Code and therefore can be investigated and prosecuted as hate crimes. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Abortion
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Ensure that women can have access to lawful abortions by creating clear, legally binding regulations for the implementation of the 1993 Family Planning Act.ExplanationAccepted and implemented. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Harmonize its national legislation with the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.ExplanationAccepted and implemented. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The CEDAW recommended that Poland strengthen the mandate and authority of the Government Plenipotentiary for Equal Treatment and that it increase the Plenipotentiary’s financial and human resources, while providing it with a separate budget to support its gender equality activities. [Para 10] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The CEDAW recommended that Poland adopt temporary special measures to promote access for women to employment; review its legislation and policies to promote equal opportunities for and equal treatment of women in employment; and ensure equal remuneration for work of equal value. [Para 71] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:UNESCO ... recommended that Poland share with UNESCO any relevant information to update its country profile on the UNESCO Observatory on the Right to Education and on Her Atlas, the UNESCO interactive tool for monitoring the right to education for girls and women. [Para 34]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Gender equality
Type:RecommendationSession:1st session, April 2008Status:Unclear ResponseContents:Encouraged Poland to use a comprehensive approach to the promotion of gender equality, in particular by adopting a comprehensive law on gender equality as recommended by the CEDAW.ExplanationPoland envisages the adoption of the draft law on equal treatment by the end of 2008. It will regulate in a comprehensive manner the issues relating to equal treatment of persons without regard to sex, race, ethnic origin, religion or belief, political views, disability, age, sexual orientation, or marital and family status. The catalog of the premises of discrimination, specified in the law, is an open one, since under Article 32.2 of the Polish Constitution "No one shall be discriminated in political, social or economic life for any reason". The law complements the relevant legal solutions already in force. The draft law on equal treatment envisages the responsibility of two institutions for matters related to equal treatment: the Commissioner for Civil Rights (Ombudsman) and the cabinet minister competent for family matters and equal treatment. The scope of activity of the Minister and Ombudsman will cover all types of discrimination. At 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. These tasks have been transmitted to the Ministry from the Government Plenipotentiary for Equal Status of Women and Men. The Ministry has been notified to the European Commission as the organ competent for equal treatment, for the purposes specified in respective EU directives. Furthermore, the Government appointed on 30 April 2008 the Plenipotentiary for Equal Treatment, with the rank of secretary of state in the Office of the Prime Minister. 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. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Sexuality education
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:AI recommended to ensure legal, timely and effective access to both safe abortion and contraception to all people who need it, in line with international human rights law and standards. It recommended decriminalizing all aspects of abortion and refraining from criminalizing the provision of other sexual and reproductive health services and information, and identifying and removing any access barriers. It also recommended to refrain from criminalizing comprehensive sexuality education and ensure its provision to all children and adolescents both in and outside of school, in line with international law and standards. [Para 36]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:Unclear ResponseContents:Ratify the OP-ICESCRExplanationAt this point in time, the Polish Government cannot make a definitive statement on this recommendation; possible signature and ratification of the Protocol to the Covenant on Economic, Social and Cultural Rights will be examined in due course. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Strengthen anti-discrimination laws with regard to a better protection of LGBT persons ...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.
Para 89) According to Article 11.3 of the LC, any discrimination in employment, including on grounds of sexual orientation, either direct or indirect, is prohibited. Employees have equal rights for equal performance of the same obligations (recommendation 70). The provisions of the LC concerning compensation for a violation of the principle of equal treatment in employment apply in the event of damage caused by discrimination on grounds of sexual orientation. The Act of 3 December 2010 implementing certain EU legislation on equal treatment prohibits discrimination (among other things on grounds of sexual orientation) against individuals who work under civil law contracts.
Para 90) Protection against discrimination is safeguarded by the Act on Promotion of Employment and Labour Market Institutions. The Act on Promotion of Employment and Labour Market Institutions provides for criminal liability in the event of violation of the principle of equal treatment. Certain EU legislation on equal treatment applies in proceedings involving violation of the principle of equal treatment.
Para 91) The National Labour Inspectorate takes three types of actions to enforce the legislation on equal treatment in employment: prevention, advisory, and monitoring of employers accused of discriminatory practice. Criminal law and labour law, as well as a range of specific statutes, include safeguards of the prohibition of discrimination.
Stakeholder Summary:
Para 12) JS5 indicated that the Equal Treatment Act lacked holistic approach to the issue of discrimination and did not treat all marginalised groups equally. This resulted in hierarchy of protection, where the least protected grounds were sexual orientation, age, disability and religion. Prohibition of discrimination based on sexual orientation had been implemented only in relation to the Labour Code, and to a limited extent, to the Equal Treatment Act. However, provisions included in the Act covered only the area of employment, excluding other areas, such as health care, education and access to goods and services. The Polish authorities still had not implemented any provisions prohibiting discrimination based on gender identity.
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 24) As for recommendation 90.70, TF stressed that transgender persons had still not been included in the anti-discrimination law. For recommendation 90.71, TF welcomed the introduction of partial funding of hormone in 2015 by the Ministry of Health. However, TF regretted a 2016 draft policy on diplomas and certificates of higher education, which required transgender people, who had received legal gender recognition, to return the original diploma and all of its official copies, in order to have a new diploma and certificate issued.