A/HRC/41/33/Add.2
to 36 months’ unpaid parental leave, only one month of which must be used by both parents
and is not transferable. Women who are pregnant or on maternity leave and men who are on
paternity leave are protected by the Labour Code against dismissal, and their return to the
same or an equivalent job is guaranteed. 33
62.
The guarantee of an independent, paid paternity leave is important for the sharing of
parenting roles between women and men and their ability to balance their social and
professional lives. However, mothers are the predominant users of leave entitlements; less
than 3 per cent of fathers take parental leave. 34 The individual entitlement to a greater
portion of the parental leave, which cannot be transferred, could be a way of encouraging
fathers to take more parental leave and assume more childcare functions.
63.
The Working Group has learned that there is mounting pressure on women to
prioritize the traditional roles of mother and caregiver, in a context where there is already
an unequal division of care and household tasks in the family. This often results in women
holding disadvantaged positions in other spheres of life, including the economic, public and
political spheres. Women in Poland spend on average almost two and a half hours more per
day on unpaid work than men do. More than half of parents have a traditional view of
women’s role in paid and unpaid work, implying that women should be prepared to reduce
their labour force participation for care commitments. 35 Indeed, the study by the Human
Rights Commissioner points to the widely held stereotypes in Polish society concerning
women’s and men’s professional and familial responsibilities. The respondents’ statements
indicate that there is a deep-rooted belief that it is women’s duty to be fully engaged in the
care of children, while it would be “unmasculine” for men to take a break from
employment to assume parental duties.
64.
The Working Group welcomes the efforts of the Government to increase the
availability of childcare facilities, especially for children below 3 years of age. The
adoption of the 2011 Act on Care for Children up to the Age of Three, which provides the
legal framework concerning various forms of care for children aged 3 years and under, has
raised the number of childcare facilities from 500 to 5,000 according to information
received during the visit. However, despite the steady increase over the years of the
percentage of children in formal childcare, from 5 per cent in 2013 to 11.6 per cent in
2017,36 the rate is still much lower than the European Union target of 33 per cent, with
important regional disparities. Childcare facilities are particularly inaccessible in rural
areas. The situation is classified as “critical” in the European Union Social Scoreboard.37
Furthermore, childcare is costly, representing more than 20 per cent of net family income
for a couple with median earnings. The situation is even worse for low-income families.38
The increase in funding for the Baby Care Plus programme, which gives financial support
to municipalities and individuals to set up childcare facilities, is a positive step.
VIII. Gender-based violence against women
65.
The Working Group recognizes that Poland has been taking measures to prevent and
combat violence against women. The ratification by Poland in 2015 of the Istanbul
Convention, the first European legally binding instrument providing a comprehensive
prevention, protection, prosecution and support framework, signalled the country’s strong
commitment to combating gender-based violence against women. However, political and
public discourse during the process leading to the signing and ratification of the Convention
exposed misunderstandings about the phenomenon of gender-based violence, including
33
34
35
36
37
38
14
European Gender Network, Gender Equality, 2018.
OECD country report.
Ibid.
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.
Ibid.
European Commission, “European Semester Thematic Factsheet: Women in the Labour Market”.
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