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
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