A/HRC/41/33/Add.2
Tribunal has 3 women judges out of 15. The Supreme Court has 10–25 per cent women in
its various chambers.
21.
During the visit, it was widely acknowledged that women faced social and cultural
barriers preventing them from occupying the most senior-level positions in the political life
of the country. In this respect, the initiatives taken by NGOs aimed at encouraging women
to be interested and equipped as candidates are welcome, and they need to be
complemented by further legal and policy measures by the Government. The 2015 proposal
introducing an alternating zipper system for electoral lists put forward in order to enhance
the chance of women being elected has been met with strong resistance and is currently
stalled. Views were expressed during the visit, including by the Government
Plenipotentiary for Civil Society and Equal Treatment, that adoption of such measures
would be anti-constitutional.
22.
The Working Group reiterates that special measures, including quotas for women, as
recommended in the Convention on the Elimination of All Forms of Discrimination against
Women, are necessary to achieve equality between men and women in political and public
life, in order to contend with the underlying structural disadvantaging of women. The
Working Group has found that the most significant increase in the number of women in
national parliaments over the years had been witnessed in countries where special
measures, such as gender quotas, had been effectively implemented (see A/HRC/23/50).
B.
Women human rights defenders
23.
Women’s rights organizations have been a key part of the vibrant civil society in
Poland and have an essential role to play in the country’s effort to eliminate discrimination
against women and ensure the empowerment of women. They have cooperated with State
authorities and assumed essential public functions in a range of areas, conducting sexuality
education and providing support to victims/survivors of gender-based violence.
24.
The Working Group is concerned that their capacity to operate is being undermined,
with cuts in State funding and an increasingly intimidating atmosphere. The simultaneous
search of premises and seizure of computer hard drives containing sensitive information of
four women’s rights organizations (and some others), in connection with proceedings
regarding the abuse of authority by a public officer, a day after the “black protests” in
October 2017 in which the leaders of the organizations had actively participated, has left a
lingering effect of fear and uncertainty.
25.
The Working Group learned of the trend in recent years of excluding women’s rights
groups from State funding, while preference seems to be given to organizations affiliated
with the Church, often with a conservative agenda. Although the selection is through an
open competition, as submitted by the Government, numerous interlocutors pointed out that
feminist organizations today have little chance of receiving State funding. Indeed, several
well-established NGOs with a proven record in providing services for women
victims/survivors of domestic violence and training on gender equality in schools have
experienced funding cuts since 2016. Some of them received the explanation that providing
support only to women violated the gender equality principle, as it discriminated against
men. This demonstrates a profound lack of understanding of the concept of substantive
gender equality, which requires the adoption of targeted measures to challenge women’s
disadvantage.
26.
The Working Group further echoes the concerns expressed by civil society
organizations, the Commissioner for Human Rights and the Office for Democratic
Institutions and Human Rights of the Organization for Security and Cooperation in Europe
regarding the recent establishment of the National Freedom Institute – Centre for the
Development of Civil Society as the sole institution with the power to distribute public
funds among non-governmental organizations. The centralization of government funds for
public organizations in the control of a single entity could have a negative impact on the
functioning of civil society.
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