A/HRC/41/33/Add.2
society was being debated in increasingly polarized discussions. Many interlocutors pointed
out that Poland was at a critical moment of deciding about women’s role in society. They
expressed concerns that the rise of conservatism and the political influence of the Catholic
Church had put into question some of the gains women had fought for, particularly in
relation to reproductive rights. At the same time, the backlash concerning women’s human
rights has generated renewed energy in the women’s movement across the country, with
increasing activism among young women and at the grassroots level. Women’s rights
activists have become more determined, united and visible through their continuous
protests against the attempts to roll back their rights.
III. Legal, policy and institutional frameworks
A.
Ratification of international instruments and cooperation with
international human rights mechanisms
5.
Poland has a good record of ratification of international human rights treaties and
has shown a strong commitment to cooperate with United Nations human rights
mechanisms, evidenced by its engagement with the treaty bodies and the universal periodic
review, as well as its standing invitation to the special procedure mandate holders of the
Human Rights Council. Poland has ratified seven of the nine core treaties, including the
Convention on the Elimination of All Forms of Discrimination against Women and its
Optional Protocol, as well as the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (Istanbul Convention). It has
not ratified the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the International Labour Organization (ILO)
Domestic Workers Convention, 2011 (No. 189), the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights or the Optional Protocol to the
Convention on the Rights of Persons with Disabilities.
B.
Constitutional, legal and policy framework
6.
The 1997 Constitution of Poland guarantees equality in law of all persons and
prohibits discrimination against anyone (art. 32). In addition, it guarantees men and women
equal rights in family, political, social and economic life, in particular regarding education,
employment and promotion, and the right to equal compensation for work of similar value,
to social security, to hold office, and to receive public honours and decorations (art. 33).
Limitation of rights on the basis of, inter alia, gender, is prohibited (art. 233(2)).
7.
In 2010, Poland adopted the Act on the Implementation of Certain European Union
Regulations in the Field of Equal Treatment (the Act on Equal Treatment), in an effort to
bring its legal framework into line with the European Union acquis. The Act prohibits
discrimination on the ground of sex (including direct and indirect discrimination,
harassment and sexual harassment) in addition to nine other grounds. While it covers a
wide range of areas, the scope of protection differs for the various grounds. Unequal
treatment on the basis of sex is prohibited in areas such as access to vocational training,
employment and the performance of a business or professional activity, activities in trade
unions, employers’ organizations and governing bodies of professional organizations,
access to and conditions on the use of labour market instruments and services, social
security, and access to services, but it is not prohibited in the areas of health care or access
to education and higher education, which are of great relevance for women’s equality. The
Act does not specifically deal with intersectional discrimination. Moreover, very few cases
have been litigated on the basis of the Act, and the Commissioner for Human Rights is of
the opinion that the number of cases is disproportionate to the scale of discrimination in the
country.
8.
There are other legislative acts that are relevant for women’s rights, including: the
Labour Code; the Civil Code; the Criminal Code; the Family and Guardianship Code; the
Act on the Prevention of Violence in the Family; the Act on Employment Promotion and
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