A/HRC/21/14 noted that legislation did not provide women with the right to health and equal access to health as guaranteed by the Polish Constitution. Sweden made recommendations. 39. Switzerland noted that inquiries on alleged existence of secrete detention centres or on secret transfer of prisoners have not yet led to full clarification of Poland’s role. It stressed that racism is a universal problem, which must be fought with determination. It noted that victims of racist aggressions often belong to ethnic minorities or other vulnerable groups. It made recommendations. 40. Thailand acknowledged the establishment of the office of Plenipotentiary for Equal Treatment, the National Program against Racial Discrimination and the adoption of the Act on Implementation of certain European Provisions on Equal Treatment. It encouraged the Government to eliminate discrimination against Muslim, Roma and people of African origin. It commended Poland for steps taken to eliminate discrimination against women especially in areas of employment and access to goods and services. It made recommendations. 41. Ukraine welcomed Poland’s achievements in ensuring human rights of vulnerable groups such as women, children, elderly people, persons with disabilities and national minorities including Ukrainians. It commended Poland for its activities to counter discrimination based on racial, national or ethnic reasons. 42. The United Kingdom of Great Britain and Northern Ireland welcomed the Act of 3 December 2010 Implementing Certain European Provisions on Equal Treatment. It inquired about the implementation of the principle of equal treatment by the authorities and about the progress with respect to the ratification of CRPD. It noted the lack of a provision on hate crimes in the Criminal Code that includes sexual orientation and gender identity as possible ground or aggravating circumstance. It made recommendations. 43. The United States of America expressed concern that discrimination and violence against LGBT persons was still common and most hate crimes against LGBT persons went unreported. It mentioned the recent anti- Semitic incidents and regretted the halting pace of property restitution to Holocaust victims and their heirs. It made recommendations. 44. Uruguay praised the work of the national human rights institutions and the amendment to the law on domestic violence, among others. It valued the progress achieved in the realization of economic, social and cultural rights but regretted that Poland considered the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a programmatic instrument. It expressed concern at the situation of irregular migrants and the vulnerable situation of unregistered children. It made recommendations. 45. Argentina acknowledged the extension of the powers of the Ombudsman for Children’s Rights. It also commended Poland for amending the Family Code, which expressly prohibits corporal punishment, inflicted on minors by their guardians or people who have parental authority over them. It made recommendations. 46. In response to questions raised by the Netherlands and United Kingdom about changes in the Criminal Code concerning gender xenophobic crimes, the legal system addressed the rights of persons who were discriminated against or who had been victims of xenophobic or gender motivated crimes and provide protection. The law provided possibilities of asserting claims against acts of such discrimination and of receiving compensation. Poland is studying the possibility of introducing further changes in this area. 47. Addressing questions made by Mexico and Norway regarding defamation (article 212 of the Criminal Code), criminal provisions were changed in 2010 and deprivation of liberty for this offence had been eliminated. After an analysis Poland had found no grounds to eliminate the offence of defamation from the Criminal Code, as freedom of speech had also to be restricted in order to protect the human dignity. Article 212 of the Criminal Code 7

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