WorldLII Home | Databases | WorldLII | Search | Feedback

United Nations Committee on the Elimination of Racial Discrimination - States Parties Reports

You are here:  WorldLII >> Databases >> United Nations Committee on the Elimination of Racial Discrimination - States Parties Reports >> 2013 >> [2013] UNCERDSPR 13

Database Search | Name Search | Recent Documents | Noteup | LawCite | Download | Help

Poland - Annex to State party report [2013] UNCERDSPR 13; INT/CERD/ADR/POL/15432 (6 July 2013)




ANNEXES

Annex 1

Excerpts from the Act of 3 December 2010 on the implementation of certain European Union provisions on equal treatment

(Dz. U. No 254, item 1700)

Chapter 1

General Provisions

Article 1. This Act sets forth areas of and methods for preventing discrimination on grounds of gender, race, ethnic origin, nationality, religion, denomination, belief, disability, age or sexual orientation in breach of equal treatment principle and specifies the authorities competent in this area.

Article 2 1. Provisions of this Act shall apply to natural persons and to other legal persons and organizational units without legal personality for whom a separate act grants legal capacity.

2. Provisions of Chapter 1 and 2 shall not apply to the employees in the area regulated by the provisions of the Act of 26 June 1974 – Labour Code (Dz. U. of 1998, No 21, item 94, as amended).

Article 3 Whenever the Act mentions:

1) direct discrimination – this is meant to occur where natural person is treated less favourably than another, has been or would be treated in a comparable situation on grounds of the gender, race, ethnic origin, nationality, religion, denomination, belief, disability, age, or sexual orientation;

2) indirect discrimination – this is meant to occur where due to natural person’s gender, race, ethnic origin, nationality, religion, denomination, belief, disability, age, or sexual orientation an apparently neutral provision, criterion or practice would put such person at a particular disadvantage compared to other persons unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary;

5) unequal treatment – this is meant to occur where a natural person experiences at least one of the following: direct discrimination, indirect discrimination, harassment, sexual harassment and less favourable treatment due to the person’s opposing harassment or sexual harassment or giving in to such practices, as well as inciting to such behaviours and ordering them;

6) equal treatment principle – this is meant to occur where there are no behaviours which constitute unequal treatment.

Article 4 Provisions of this Act shall apply to the following:

1) entering professional education, including further education, training, professional retraining and work placements;

2) conditions for establishing and running business or professional activities, in particular based on the employment relationship or under the civil law agreement;

3) accession to and activities in the trade unions, organisations of employers and self-governing professional bodies and benefiting from the rights granted to members of such bodies;

4) access to and conditions for using:

a) labour market instruments and services provided for in Act of 20 April 2004 on employment promotion and labour market institutions (Dz. U. of 2008 r. No 69, item 415, as amended) which are offered by labour market institutions, and labour market instruments and services offered by other entities acting in support of employment, human resources development and unemployment prevention,

b) social security,

c) health care,

d) education and higher education,

e) services, including housing services, goods and rights and energy acquisition, if offered publicly.

Chapter 2

Equal treatment principle and legal measures for the protection thereof

Article 13. 1. Any person who has been treated unequally is entitled to compensation.

2. In cases of equal treatment principle violation the provisions of the Act of 23 April 1964 – the Civil Code (Dz. U. No 16, item 93, as amended) shall apply.

Article 14. 1. In proceedings of equal treatment principle violation the provisions of the Act of 17 November 1964 – Code of Civil Procedure (Dz. U. No 43, item 296, as amended) shall apply.

2. Whoever accuses anyone of violating the equal treatment principle must evidence that such violation has taken place.

3. Should the violation of equal treatment principle is evidenced, the person accused of violating the principle has to prove that he did not commit such act.

Article 15 The period of time for prescription of claims arising from violation of the equal treatment principle shall be up to 3 years since the date on which the victim was informed about such violation shall not exceed 5 years since the occurrence of the event which constitutes the violation.

Article 16. Pursuing claims under the provisions of this Act does not exclude the possibility to pursuing claims under the provisions of other acts.

Article 17. 1. Exercise of the rights related to the equal treatment principle violation shall not be a reason for unequal treatment and cannot lead to any negative consequences for a person who exercises such rights.

2. Provision of paragraph 1 shall also apply to whoever has granted any support to the individuals exercising their rights related to the equal treatment principle violation.

3. Provisions of Article 13 to 15 shall apply to cases referred to in paragraph 1 and 2 hereinabove.

Chapter 3.

Authorities competent for preventing violation of the equal treatment principle

Article 18. Tasks related to the implementation of the equal treatment principle shall be carried out by the Human Rights Defender and the Government Plenipotentiary for Equal Treatment.

Article 19. The Human Rights Defender shall carry out the tasks related to the implementation of the equal treatment principle according to rules and procedures stipulated in separate provisions.

Article 20. 1. The Government Plenipotentiary for Equal Treatment, hereinafter referred to as “Plenipotentiary”, shall be appointed and recalled by the Prime Minister.

2. The Plenipotentiary shall report to the Prime Minister.

3. The Plenipotentiary shall be a secretary of state in the Chancellery of the Prime Minister.

4. The Chancellery of the Prime Minister shall provide the Plenipotentiary with services related to the substance of its activities as well as with the organizational, legal, technical and office services.

Article 21. 1. The Plenipotentiary shall carry out the equal treatment principle policy of the Government, which includes prevention of discrimination, especially on grounds of gender, race, ethnic origin, nationality, religion, denomination, world view, age, disability or sexual orientation.

2. The Plenipotentiary shall be particularly responsible for:

1) drafting and giving opinions on legal acts drafts related to the equal treatment principle;

2) carrying out analyses and evaluating legal solutions with respect to equal treatment principle observance and for addressing the competent authorities with the requests of publishing or amending legal acts which regulate the matters being under the Plenipotentiary competency;

3) engaging in the activities aiming to eliminate or to limit the effects arising from the violation of equal treatment principle;

4) carrying out analyses and evaluation of legal and social situation within the scope mentioned in unit 1, and for initiating, implementing, coordinating or monitoring the actions aimed at ensuring equal treatment as well as protection against discrimination;

5) monitoring the observance of the equal treatment principle;

6) promoting, disseminating and propagating equal treatment;

7) cooperating with national social organizations, including unions and organisations of employers.

3. The Plenipotentiary shall be also responsible for:

1) cooperation with other States, organisations and international or foreign institutions in the equal treatment area,

2) cooperation associated with preparation of the reports on the execution binding international agreements on equal treatment principle and on preventing discrimination in Poland,

3) presenting opinions, in consultation with the competent ministers, on the possibility of accessing international agreements on equal treatment principle and on preventing discrimination by Poland .

4. After consent is given by the Prime Minister, the Plenipotentiary may submit the drafts of government documents which are related to the scope of his activities, including programmes for equal treatment and discrimination prevention to the Council of Ministers for consideration.

5. The Plenipotentiary may initiate, implement, coordinate or monitor programmes for equal treatment principle and for the prevention of principle violation in cooperation with competent ministers.

6. The Plenipotentiary may participate in programmes or projects co-financed from the funds referred to in Article 5(1)(2) of the Act of 27 August 2009 on public finances (Dz. U. No 157, item 1240, as amended).

7. The Plenipotentiary shall carry out tasks related to the prevention of discrimination related to disability in cooperation with the Government Plenipotentiary for Disabled People.

Article 22 The Plenipotentiary shall elaborate and submit to the Council of Ministers a National Action Plan for Equal Treatment, which identifies objectives and measures aimed at equal treatment, in particular in the area of:

1) raising public awareness on equal treatment, including awareness on causes and effects of the equal treatment principle violation;

2) preventing the equal treatment principle violation;

3) cooperating with social partners, NGOs and other entities in the area of equal treatment.

Article 23. The Plenipotentiary shall elaborate and submit to the Council of Ministers a report on the previous calendar year before 31 March. The report shall include:

1) Information on the activities carried out in the area of equal treatment and on their results;

2) conclusions and recommendations on actions which should be taken in order to ensure the observance of the equal treatment principle;

3) report on the implementation of the National Action Plan for Equal Treatment referred to in Article 22.

Annex 2

Excerpts from the Act of 15 July 1987 on the Human Rights Defender

(Dz. U. of 2001, No 14, item 147, as amended)

Article 1. 1. The Human Rights Defender is hereby established.

2. The Human Rights Defender, hereinafter referred to as “the Defender”, shall safeguard the liberties and rights of citizens as set forth in the Constitution and in other legal acts.

Article 8. 1 The Defender shall take measures under the present Act having acquired information indicating that liberties and rights of a human and a citizen have been violated.

2. The Defender shall regularly check how the persons deprived of their liberty are treated.

Article 17a. The Defender collaborates with associations, civic movements or other good-will societies and foundations as well as with foreign and international bodies and organisations for the protection of the liberties and rights of a human and a citizen, also with respect to equal treatment.

Article 17b. Responsibilities of the Defender related to the application of the equal treatment principle shall also involve:

1) analysing, monitoring and supporting equal treatment of all persons,

2) conducting independent research on discrimination,

3) drafting and issuing independent reports and recommendations on discrimination-related problems.

Article 18. Provisions of this Act regarding protection of the liberties and rights of a human and a citizen shall also apply, respectively, to:

1) non-Polish citizens being under the authority of the Republic of Poland in the scope of the liberties and rights they enjoy

2) legal persons and organizational units without legal personality who are vested by the Act with legal capacity in the scope specified in provisions of the Act of 3 December 2010 on the implementation of certain provisions of the European Union on equal treatment (Dz. U. No 254, item 1700).

Article 19. 1. The Defender shall annually inform the Sejm and the Senate on his/her activities and on the observance of the human and citizen liberties and rights, including:

1) information about conducted activities in the area of equal treatment and their results,

2) information about observance of the equal treatment principle in the Republic of Poland, provided particularly based on the research referred to in article 17b(2),

3) conclusions and recommendations on actions which should be taken in order to ensure the observance of the equal treatment principle.

2. The Defender’s information shall be made public.

3. The Defender may submit to the Sejm and the Senate specific matters resulting from the Defender‘s activities.

4. Upon the request of the Speaker of the Sejm, the Defender shall provide information or take action in specific cases.

Annex 3

Excerpts from the Act of 6 June 1997

Penal Code

(Dz. U. No 88, item 553, as amended)

Article 118. § 1. Whoever, acting with an intent to destroy in full or in part, any ethnic, racial, political or religious group, or a group with a different perspective on life, commits homicide or causes a serious detriment to the health of a person belonging to such a group, shall be subject to the penalty of deprivation of liberty for a minimum term of 12 years, the penalty of deprivation of liberty for 25 years or the penalty of deprivation of liberty for life.

§ 2. Whoever, with the intent specified under § 1, creates, for persons belonging to such a group, living conditions threatening it with biological destruction, applies means aimed at preventing births within this group, or forcibly removes children from persons belonging to such group, shall be subject to the penalty of deprivation of liberty for a minimum term of 5 years or the penalty of deprivation of liberty for 25 years.

§ 3. Whoever makes preparation to commit the offence specified under § 1 or 2, shall be subject to the penalty of deprivation of liberty for a minimum term of 3 years.

Article 118a § 1. Whoever, by way of participation in a mass terrorist attack or only in one of recurring attacks against a certain group of people and carried out in order to implement or support implementing political agenda of a state or organisation:

1) commits homicide,

2) causes serious detriment to health of a human being,

3) creates living conditions under which biological existence of members of a certain group is endangered, especially by depriving them of access to food and medical care, and which are aimed at their extermination shall be subject to the penalty of the deprivation of liberty for a minimum term of 12 years, the penalty of deprivation of liberty for 25 years or the penalty of deprivation of liberty for life.

§ 2. Whoever, by way of participation in a mass terrorist attack or only in one of recurring attacks against a certain group of people and carried out in order to implement or support implementing political agenda of a state or organisation:

1) enslaves a person or keeps such persons in this condition,

2) deprives a person of liberty for more than 7 days or deprives such person of liberty and subjects to tortures

3) tortures a person or subjects him/her to brutal and inhumane treatment,

4) commits a rape or by using violence, unlawful threat or deceit violates a person’s sexual liberty,

5) by using violence or unlawful threat makes a woman pregnant with an intention to alter the ethnic composition of a certain group of people or to commit some other serious violations of international law,

6) deprives a person of liberty and refuses to provide information regarding this person or his/her place of confinement or provides false information regarding this person’s place of confinement in order to deprive such person of legal protection for a longer period of time shall be subject to the penalty of the deprivation of liberty for a period of not less than 5 years or to 25 years of imprisonment.

§ 3. Whoever, by way of participation in a mass terrorist attack or only in one of recurring attacks against a certain group of people and carried out in order to implement or support implementing political agenda of the State or organisation:

1) violates international law and forces other people to change their legal place of residence,

2) commits serious acts of persecution of the members of a certain group for reasons considered inadmissible by the international law, (i.e. especially reasons related to political views, race, nationality, ethnicity, denomination or lack of any religious beliefs, philosophy of life or gender) which result in deprivation of their basic rights shall be subject to the penalty of the deprivation of liberty for a period of not less than 3 years.

Article 119. § 1. Whoever uses violence or makes unlawful threat towards a group of persons or towards an individual, because of their national, ethnic, political or religious affiliation, or because of their lack of religious denomination, shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.

Article 126a. Whoever publicly incites others to commit acts specified in Article 118, 118a, 119(1) and in Articles 120-125, or publicly praises acts specified therein shall be subject to the penalty of deprivation of liberty for a term between 3 months and 5 years.

Article 126b. § 1. Whoever, by way of failing to comply with their obligation to exercise due control allows anyone under his/her authority or control to commit an act specified in Article 117 § 3, Article 118, 118a, 119 § 1 and Article 120-126a shall be subject to penalty stipulated therein.

§ 2. If a perpetrator acts unintentionally he/she shall be subject to the penalty of the deprivation of liberty for a term between 3 months and 5 years.

Article 256. § 1. Whoever publicly promotes a fascist or other totalitarian system or incites hatred based on national, ethnic, race or religious differences or for reason of lack of any religious denomination shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for a term of up to 2 years.

§ 2. Whoever produces, records or imports, acquires, stores, owns, presents, transports or sends hard copies, recordings or other carriers containing the above-mentioned content in order to disseminate it shall be subject to the penalty specified hereinabove.

§ 3. Whoever commits the prohibited act described in § 2 for artistic, educational, collection related or scientific purposes shall not be held liable.

§ 4. Should a person be committed for a crime specified in § 2 a court shall adjudicate forfeiture of items referred to in § 2, even if such items do not belong to the perpetrator.

Article 257. Whoever publicly insults a group of a population or an individual because of his/her national, ethnic, race or religious affiliation, or because of his/her lack of any religious denomination, or for such reasons breaches personal inviolability of another individual, shall be subject to the penalty of deprivation of liberty for a term of up to 3 years.

Annex 4

Statistical data

Table 1: Crimes on the basis of proceedings results in 2009.

Article of the Penal Code
Confirmed offences
Results of proceedings
Charge sheet filed
Motion for proceedings to be discontinued due to failure to identify a perpetrator
Referred to family court
Art. 118 § 1 and 2
0
0
0
0
Art. Article 119 §1 and 2
12
6
0
6
Art. 256
48
13
28
7
Art. 257
95
27
53
15

Source: Data from the Police Crime Statistics System Temida

Table 2: Offences on the basis of proceedings results in 2010.

Article of the Penal Code
Confirmed offences
Results of proceedings
Charge sheet filed
Motion for proceedings to be discontinued due to failure to identify a perpetrator
Referred to family court
Art. 118 § 1 and 2
0
0
0
0
Art. Article 119 §1 and 2
8
5
3
0
Art. 256
54
22
22
10
Art. 257
135
34
16
85

Source: Data from the Police Crime Statistics System Temida

Table 3: Offences on the basis of proceedings results in 2011.

Article of the Penal Code
Confirmed offences
Results of proceedings
Charge sheet filed
Motion for proceedings to be discontinued due to failure to identify a perpetrator
Referred to family court
Art. 118 § 1 and 2
2
1
1
0
Art. 119 §1 and 2
23
10
9
3
Art. 256
81
15
55
11
Art. 257
82
0
2
0

Source: Data from the Police Crime Statistics System Temida

Table 4: Number of registered offences in proceedings closed in 2010

Type of offence
Offences committed against Jews
Offences committed against the Romani people
Racial Offences
Offences committed against Muslims
Offences committed against citizens of other states
Total number of specific offences committed
Insult
42
7
24
4
19
96
Bodily harm
0
0
1
0
1
2
Beating
0
3
0
0
0
3
Infringement of personal inviolability
1
1
6
1
1
10
Threats
0
8
0
1
0
9
Total number of offences committed against specific groups of victims
43
19
31
6
21
120

NB: This table does not include offences which consist in promoting fascism or other totalitarian system and in inciting to hatred based on national, ethnic, race or religious differences or for reason of lack of any religious denomination (Article 256 § 1 and 2 of the Penal Code) as well as in damaging property which in most cases consisted in painting offensive slogans on building walls.

The above-mentioned table shows that in all proceedings ended in 2010 the majority of offences committed were motivated by anti-Semitic (43) and racial (31) reasons, whereas hate crimes against Jews involved mostly insults (42). In the case of racial offences, there were 6 cases of breaching personal inviolability and 1 case of bodily harm. Apart from this, 3 persons of Romani origin were beaten and there were 8 cases of threats of life directed against members of this community. Altogether, there were 96 cases of insults, 10 cases of personal inviolability infringement, 9 cases of threats, 3 cases of beatings and 2 cases of bodily harm

Source: General Prosecutor’s Office

Table 5: Finally convicted adults and conditional discontinuance of proceedings (in the period 2009-2010) and persons to whom court issued a decision in the first instance (in 2011) on the basis of selected articles of the Penal Code.

Legal classification
- article of the Penal Code
Total -
sentences
and conditional discontinuances
of which:
convicted
conditional discontinuance
Total
Including
fine
limitation of liberty
deprivation of liberty
autonomous penal measures
total
up to 11
months
1 year
from 1 year to 2 years
2009
TOTAL
436 656
415 272
88 236
43 524
281 887
171 869
56 283
30 551
1 508
21 384
of which:










118 § 1 and 3
-
-
-
-
-
-
-
-
-
-
118 § 2 and 3
-
-
-
-
-
-
-
-
-
-
118a
x
x
x
x
x
x
x
x
x
x
119 § 1
17
17
-
-
17
6
7
4
-
-
119 § 2
2
2
-
-
2
2
-
-
-
-
126a
x
x
x
x
x
x
x
x
x
x
126b
x
x
x
x
x
x
x
x
x
x
256
19
17
4
2
11
8
2
1
-
2
257
22
22
3
6
13
10
3
-
-
-
2010
TOTAL
458 376
432 891
92 329
49 692
290 669
179 652
57 140
30 814
77
25 485
of which:










118 § 1 and 3
-
-
-
-
-
-
-
-
-
-
118 § 2 and 3
-
-
-
-
-
-
-
-
-
-
118a
-
-
-
-
-
-
-
-
-
-
119 § 1
10
10
-
-
10
-
5
5
-
-
119 § 2
-
-
-
-
-
-
-
-
-
-
126a
-
-
-
-
-
-
-
-
-
-
126a in connection with Article 119 §1
1
1
-
-
1
1
-
-
-
-
126b
-
-
-
-
-
-
-
-
-
-
256
9
9
1
2
6
5
-
1
-
-
257
21
16
3
-
13
9
3
1
-
-
2011 – Ist instance
118 § 1 and 3
-
-
-
-
-
-
-
-
-
-
118 § 2 and 3
-
-
-
-
-
-
-
-
-
-
118a
119 § 1
4
3
-
-
-
-
-
3
-
1
119 § 2
-
-
-
-
-
-
-
-
-
-
126a
126b
256
9
6
2
2
2
2
-
-
-
3
257
59
50
9
7
34
31
-
3
-
9

Source: Statistical Department of the Ministry of Justice

Annex 5

Examples of the Polish courts’ judgments in cases involving racial offences

- In its judgment of 18 March 2009 in the case No II K 133/09, District Court in Jasło sentenced a 20-year-old woman for insulting persons of Roma origin and for threatening them. The woman was awarded a penalty which limited her liberty for the period of 10 months and she had to carry out community service (30 hours/month).

- In its decision of 23 June 2009 issued in the case No III Now 70/90, District Court in Chrzanów ordered three 14-year-olds who overthrew some tombstones in the local historic Jewish cemetery to participate in a lesson organised by a museum managing the cemetery grounds and to render community work in the cemetery (6 hours each). The court also issued a parenting order on the minors' parents.

- In its judgment of 14 July 2010 issued in case No II K 116/09, District Court in Jasło convicted a 35-year-old man for insulting the persons of Roma origin, their personal inviolability infringement and threats, and sentenced him to 1 year and 6 months in prison. This sentence was suspended conditionally for 3 years and the man was put under the supervision of a probation officer.

- In its judgment of 14 December 2010 issued in the case No III K 49/10, Regional Court in Wrocław convicted 3 men who were members of an organized group created to commit offences against public order, which involved promoting totalitarian system, inciting hatred based on national differences, insulting members of a certain group due to their nationality, ethnicity, race, denomination, inciting to violence against other people due to their racial and political affiliation, inciting to hatred motivated by national differences and, finally, insulting members of Jewish, Roma or other communities because of their ethnic origin or denomination. The men were sentenced to 1 year and 6 months, 1 year and 1 month and 1 year and 3 months in prison, respectively. None of sentences was suspended conditionally.

Annex 6

Teaching national and ethnic minorities languages and regional languages in the primary schools and inter-school groups of children and youth

School year
Total
Including mother tongue
Belarusian
Kashubian
Lithuanian
German
Ukrainian
Lemko
Number of schools
2009/2010 ............
601
22
183
8
277
82
20
2010/2011 ............
621
22
196
8
283
83
20
Number of students
2009/2010
35 137
1 421
8 158
296
23 885
903
131
2010/2011
35 372
1 346
8 945
256
23 473
897
110

Source: Source: Central Statistical Office (GUS).


WorldLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.worldlii.org/int/other/UNCERDSPR/2013/13.html