A/HRC/41/33/Add.2 victims/survivors and the effectiveness of the investigation. The Working Group is pleased to hear that this has been recognized by the Minister of Justice, in response to the recommendations of the Commissioner for Human Rights, and that work has been initiated to secure timely examinations. 77. The Working Group further notes the concerns about the definition of rape, which is defined by specific types of coercion42 rather than consent, as this can result in some cases being dismissed. Indeed, the percentage of rape cases dismissed by prosecutors seems to be high. Moreover, even though a penalty of from 2 to 12 years’ imprisonment is prescribed for rape, 2 years’ imprisonment was the most frequently issued sentence in the period 2010–2014.43 78. The dismissal of cases of gender-based violence and the often lenient punishment for perpetrators are not conducive to the pursuit of justice and are one of the reasons for the withdrawal of complaints by victims/survivors. Without building the trust of victims/survivors in the system and providing for their security and economic independence, efforts to combat gender-based violence against women cannot be successful. IX. Conclusions and recommendations A. Conclusions 79. As one of the first countries in the world to grant women the right to vote and to stand for office, Poland has a proud history of an active and vibrant women’s movement and women’s invaluable contribution to the country’s economic, social, cultural and political development. In recent years, in the context of the country’s accession to the European Union, it has built a solid legal framework for antidiscrimination. Poland has also taken measures aimed at greater participation of women in political, social and economic life and has been building a legislative framework to effectively address gender-based violence against women. It has also shown a good record of cooperating with international human rights mechanisms and has been promoting a woman, peace and security agenda in national and international contexts. 80. Notwithstanding the efforts employed, the Working Group observed challenges to women’s rights. Gender equality does not seem to be a priority for the Government at the moment, as there is no designated State authority on women’s rights issues and no national strategies or plans on gender equality and women’s empowerment. The understanding of equality seems to be primarily limited to equal treatment in law, while substantive equality requires addressing women’s structural disadvantage by undertaking specific targeted actions, including temporary special measures, and addressing gender-based violence against women. Therefore, excluding women’s rights organizations with strong experience in supporting women victims/survivors of domestic violence from State funding on account of a breach of equal treatment is problematic. Furthermore, gender equality cannot be fully achieved without respecting women’s reproductive rights. In Poland, access to reproductive health-care services for the prevention and termination of pregnancy is restrictive and under continuous threat of becoming more so. 81. Furthermore, the Working Group observed the persistence of gender stereotypes and the pressure on women to assume traditional roles in family and society. While women’s traditional role in the family is being actively promoted through laws and policies, advocates for gender equality are increasingly being 42 43 Article 197 of the Criminal Code: “Whoever, by force, illegal threat or deceit subjects another person to sexual intercourse shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years”. Foundation for Equality and Emancipation STER, Breaking the Taboo: Report on Sexual Violence. 17

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents