Displaying 40576 - 40600 of 58126 recommendations found
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Take further steps towards combating gender-based violence through introducing a consent-based definition of rape and extending the current definition of domestic violence to include economic abuse.
ExplanationNoted. It ought to be noted that Poland ratified the Convention on preventing and combating violence against women and domestic violence (so-called Istanbul Convention) in 2015. The first review of Poland’s compliance with the Convention — GREVIO report of 2021 — was positive for the Government’s conduct and practice of application of the provisions. The suggestion of a need to modify the legal definition of the criminal offence of rape in the Criminal Code to include the lack of consent as a main element of the offence must be rejected. This criticism levied against Polish legislation lacks any foundation in the light of the system of Polish criminal law. The lack of consent is a semantic and legal element of this offence, as attested by scholars and confirmed by common courts’ decisions and those of the Supreme Court. There is accordingly no need to create any new definition for the sole purpose of the evaluation. The lack of consent to sexual intercourse is an immanent semantic feature of the offence defined by Article 197(1) of the Criminal Code. ... 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:ArmeniaArmeniaRegional groupEEGPolitical groupCISOIFIssue:
- Women's and / or girls' rights
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Take steps to effectively implement the provisions enshrined in the National Plan for Equal Treatment 2022–2030, particularly those on the discrimination against women, combating discrimination, racism and hate speech.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Marginalized groups of women
- Sexual and / or reproductive rights and / or health broadly
Type:QuestionSession:41st session, November 2022Status:N/AContents:Which measures has the Polish government taken to ensure access to the full scale of sexual and reproductive health and rights for all women in Poland, including refugees and migrants? -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Conduct impartial and thorough investigations into allegations of violence against women and prosecute those responsible [Para 11] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:CRPD recommended that Poland: (a) emphasize the rights of persons with disabilities, particularly of women with disabilities, ... [Para 29]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:UN CompilationIssue:
- Domestic violence
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:CRC recommended that Poland: ... (b) consider extending the national programme for countering domestic violence that ended in 2020, with a view to the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence ... [Para 40]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Birth registration
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:JS9 recommended to immediate repeal resolutions "against LGBT ideology" and Family Rights Charters and stop further proceeding with legislative proposals that deteriorate civic space, human rights and rule of law, in particular the ‘Stop LGBT+ bill” (no.1607). JS9 recommended to ensure all laws and local government projects affecting civic space are prepared through transparent and participatory policy-making, involving NGOs representatives, and explicitly including anti discriminatory activities and measures to advance equality and LGBT+ rights. JS9 also recommended to amend article 196 of the Criminal Code (provision of “offending religious beliefs”) in order to ensure the respect of the freedom of opinion and expression and to adopt legislation recognising the institution of same-sex marriage and civil partnership available to same-sex couples as well as to recognise two same-sex parents while issuing official Polish registration number or passports for their children as well as accepting transcriptions of birth certificates for children born outside Poland. [Para 50]
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- International human rights instruments
Type:RecommendationSession:27th Session May 2017Status:Unclear ResponseContents:Sign and ratify the OP-CRC-IC.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 the Child will be subject to a future review. -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Amend the Penal Code to ensure that lesbian, gay, bisexual, transgender and intersex persons are fully protected against discrimination, hate speech and hate crimes based on sexual orientation and gender identity.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:MoldovaMoldovaRegional groupEEGPolitical groupCISOIFIssue:
- Gender equality
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Take further steps for the elimination of discrimination against women. -
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:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Include sexual orientation and gender identity in the hate speech provisions of the national Criminal Code, and adopt appropriate legal measures making sexual orientation and gender identity as possible discrimination grounds in any context.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 11) AI, Fundacia Trans-Fuzia (TF), JS5, and the European Commission against Racism and Intolerance of the Council of Europe (CoE-ECRI) expressed concern that LGBTI persons and persons with disabilities had not been awarded greater protection in Poland’s anti-discrimination law
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 22) JS4 noted that Poland had not implemented recommendations 90.66, 90.68 and 90.94 on hate crimes against LGBT persons -
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:Holy SeeHoly SeeRegional groupObserverIssue:
- Inappropriate content
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Continue to protect the natural family and marriage, formed by a husband and a wife, as the basic cell of society, as well as the right to life. -
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:Stakeholder SummaryIssue:
- Abortion
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Create an appeal or review procedure whereby the decision of a doctor not to issue a certificate permitting an abortion be subject to review [Para 26] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:N/AContents:... In 2011, research was carried out into the situation of discriminated groups, including women, with special emphasis being placed on measures taken by government administration and the State Labour Inspection; it represents the most extensive diagnosis of the phenomenon of discrimination ever carried out in Poland. [Para 86] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:National ReportIssue:
- Maternal health / morbidity / mortality
- HIV and AIDS
Type:Review DocumentationSession:1st session, April 2008Status:N/AContents:The achievements scored in the campaign against HIV/AIDS can be attributed to the consistent state strategy and, in particular, the establishment of the National AIDS Center. It is tasked with ensuring proper implementation of the state policy against AIDS/HIV, including the establishment of a national network of specialist antiretroviral therapy centers as well as consultation-and-diagnostic centers, which offer anonymous, cost-free tests and counseling before and after testing. As a result of the above measures, it has been possible to achieve the following:
- stabilization of HIV/AIDS incidence despite the rapid spread of the epidemic in countries to the east of the Polish border;
- significant reduction of mother-to-child HIV infections in the group of children born to HIV-infected mothers, as a result of the availability of antiretroviral therapy for pregnant women;
- elimination of HIV infections due to professional exposure, thanks to broad prophylactic use of antiretroviral drugs;
- improved detection of HIV thanks to a network of points providing anonymous, cost-free testing and counseling. [Para 81] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:Stakeholder SummaryIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:JS3 and JS6 recommended that Poland introduce an anti-discrimination legislation in line with article 1 of the CEDAW, and which protects women from discrimination in all spheres of life ... [Para 7] -
State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- 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 identity.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.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 [Act Implementing Certain European Union Provisions on Equal Treatment] 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 %u2013 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- 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:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Abortion
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Ensure effective access to safe and legal abortion.
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.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Right to marry
- Marginalized groups of women
- Right to health
Type:RecommendationSession:41st session, November 2022Status:RejectedContents:Consider removing reservations to article 23.1(a) and (b); Article 25 (a) on the CRPD.
ExplanationArticle 23(1)(a) of the Convention deals with the recognition of the right of all persons with disabilities who are of the right age to marry to do so and to start a family, on the basis of consent given freely and fully by the spouses to be. Pursuant to Article 46 of the Convention, the Republic of Poland reserves the right not to apply Article 23(1)(a) of the Convention until Polish law is amended. Until the reservation is withdrawn, a person with a disability whose disability is the result of mental illness or deficiency and who is of the right age to marry cannot marry unless the court permits marriage upon determining that the health condition or mental condition of such a person does not endanger the marriage or the health of the expected progeny, if the person is not completely legally incapacitated. This is the consequence of Article 12(1) of the Act of 25 February 1964 — Family and Guardianship Code (uniform text: Journal of Laws of 2020, item 1359). Additionally, Poland has submitted a reservation against Article 23(1)(b) and Article 25(a). The reason for the reservation is that the right to health is sometimes interpreted on the international level as an unconditional right to abortion. In order to avoid pressure to amend the provisions governing the conditions for the termination of pregnancy, Poland submitted a reservation whereby it reserves its freedom to decide upon the conditions for the permissibility of abortion.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:CyprusCyprusRegional groupAsia-Pacific GroupPolitical groupEUOIFCommonwealthIssue:
- 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:FinlandFinlandRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Amend its legislation to prohibit discrimination faced by sexual and gender minorities and to provide them effective legal protection against hate crimes and hate speech.
ExplanationNoted. The National Action Programme for Equal Treatment for 2022-2030 foresees a review and possible update of the anti-discrimination regulations.
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State Under Review:PolandPolandRegional groupEEGPolitical groupEUSource Of Reference:LiechtensteinLiechtensteinRegional groupWEOGIssue:
- Sexual exploitation / slavery
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Take effective steps to prevent the sexual exploitation and trafficking of children and to provide appropriate services and remedy to victims.