A/HRC/41/33/Add.2
of women and their implied inferiority. 29 International human rights treaty bodies have
repeatedly expressed concerns about the persistence of harmful stereotypes and their
adverse impact on the enjoyment by women of their human rights, and particularly the
negative stereotypes of Roma women, lesbian, bisexual, transgender and intersex women
and women with disabilities (see E/C.12/POL/CO/6 and CEDAW/C/POL/CO/7-8).
58.
According to some interlocutors, gender stereotypes associated with feminine and
masculine qualities persist in the education system. In the media, men seem to dominate
public and political discussions as invited experts and politicians, while women are mostly
relegated to shows on fashion or beauty, which reflects and reinforces gender stereotypes,
as confirmed by the monitoring and analysis conducted by the National Broadcasting
Council. The Working Group was pleased to learn that the Council had intervened in cases
of programmes with content that was degrading towards Ukrainian women, as well as
content promoting sexual violence. 30 The Working Group encourages the National
Broadcasting Council to use the powers entrusted to it by the Broadcast Act of 1992 to the
fullest extent, especially with regard to monitoring and issuing corrective measures for noncompliance and undertaking awareness-raising activities.
B.
Family life
59.
Marriage, family, motherhood and parenthood are protected under the Constitution,
which defines marriage as a union between a woman and a man. While different family
forms and intimate relationships exist, same-sex partnerships are not legally recognized,
and people in such relationships encounter difficulties under family laws that are based on
heterosexual relationships, for example with regard to the exercise of parental authority.
Transgender persons face difficulties in having their gender identity legally recognized.
Additionally, the parental rights of underage unwed mothers are not recognized, and the
right to marry is restricted for persons with intellectual disabilities. Moreover, the practice
of separating infants from their underage mothers who are staying in correctional
institutions is particularly concerning.31
60.
The Working Group recognizes that the Government has taken social policy
measures to support the family as a value protected under the Constitution. In 2016, for
example, it introduced a pronatalist and poverty reduction programme called “Family 500
plus”, which provides cash transfers of 500 zlotys to every second and further child, while
provision is means tested for the first child. While this was generally viewed by different
interlocutors as a positive measure for reducing poverty, particularly for those in precarious
situations, concerns were also expressed regarding possible negative effects on the
participation of women in the labour force and their long-term economic security and
independence. There were already indications of visible decline in the labour force
participation of young women in 2017 and 2018.32 While the Working Group recognizes
the immediate positive impact of the measure, its implementation should not create a shift
towards confining women solely to the role of mothers and carers in service of the family at
the expense of their participation in the formal economy and in other spheres of public life.
61.
The Working Group also notes that Poland has generous legal provisions for
maternity, paternity and parental leaves under the labour law. Paid maternity leave lasts for
20 weeks and increases when there is a multiple birth. Paid paternity leave lasts for two
weeks. Since 2013, parents of young children have been entitled to paid parental leave of
up to 32 or 34 weeks, the first 14 weeks of which are reserved for the mother, while the
remainder can be shared by the mother and the father. Additionally, parents are also entitled
29
30
31
32
KARAT Coalition, Alternative report on the Implementation of the Convention on the Elimination of
All Forms of Discrimination against Women, February 2014.
Information provided by the National Broadcasting Council.
Report of the Commissioner for Human Rights on the Activities of the National Mechanism for the
Prevention of Torture in Poland, 2017.
European Commission, Country Report Poland 2019, available at
https://ec.europa.eu/info/sites/info/files/file_import/2019-european-semester-country-reportpoland_en.pdf.
13
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