A/HRC/8/30
Page 4
and noted that the Ombudsman fulfils the task of a national human rights institution, according to
the Paris Principles, an issue raised in one of the advance questions. Regarding the involvement of
civil society in the elaboration of the report, an issue also raised in one of the questions, he noted
that the draft report was shared with a number of institutions, including the Ombudsman’s Office,
relevant Parliamentary Committees, as well as with NGOs; however, the period for submitting
comments was short, which they acknowledged. This experience will allow Poland to improve
communication and cooperation with NGOs in the future. He announced the initiative of the
Ministry for Foreign Affairs to establish the Forum for Cooperation with Non-Governmental
Organizations, which held its first meeting in March 2008.
7.
He indicated that the Constitution of Poland, and the conventions and international treaties to
which Poland is a party are implemented by the courts directly, without the need to introduce the
principles contained therein into the national legislation. The issues relating to countering
discrimination and ensuring equal treatment of all persons, irrespective of their sex, religion,
beliefs, ethnic origin, nationality, race, age, disability or sexual orientation and other reasons,
become more and more important in the changing international reality, determined by growing
migration and interweaving of various cultures and customs. At present Poland is working on a
draft act on equal treatment to complement the regulations already in force. The act is expected to
be adopted by Parliament in November 2008. Poland has also been implementing measures of
institutional and educational nature, as well as long-term plans and operational strategies aimed at
countering discrimination, racism or social exclusion. He referred also to a programme to benefit
the Roma minority, which is being implemented since 2004 in the areas of education, employment,
improvement of living conditions and health care. The duties of public authority organs in the
domain of supporting activities aimed at protecting, maintaining and developing cultural identity of
minority groups are determined in the Act of 6 January 2005. These include transferring subsidies
for financing cultural institutions, artistic movements and artistic activities of minority groups (this
represents about two hundred cultural events a year). Attention is also paid to equal treatment of
women and men. A number of initiatives have been undertaken to change stereotypical attitudes
with regard to the role of women in the life of the society. The situation of persons with disabilities
remains difficult. In order to ensure equal opportunities for persons with disabilities in the labour
market, the Act on the vocational and social rehabilitation and employment of the persons with
disabilities was amended in 2007. A range of programmes supporting education, vocational training
and professional activities of persons with disabilities is being implemented.
8.
Regarding discrimination based on sexual orientation, he indicated that provisions of the
Polish Penal Code do not distinguish it as a separate offence. Prosecutors and courts treat crime
victims in the same manner, regardless of whether they are homosexual or heterosexual. The
national Training Centre for the Staff of Courts and Prosecutors’s Offices conduct training designed
to counteract discrimination. He indicated that the Government has also commissioned research
which should allow the situation of particular groups exposed to discrimination to be diagnosed in a
reliable manner and to address the situation of person in the lesbian, gay, bisexual and transgender
(LGBT) group in a comprehensive way. Media campaigns, coach training, preparation of textbooks
and elaboration of methods of teaching about diversity were also undertaken. A working group on
discrimination based on sexual orientation, in collaboration with LGBT community organizations
was also established. The group may submit its opinions and recommendations to the Minister of
Labour and Social Policy. In order to raise awareness of various forms of discrimination and
prejudice towards persons of other nationalities, race, ethnic origin, sexual orientation and towards
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