A/HRC/21/14
had also been examined by the Constitutional Court and was found constitutional, as well
as by the European Court of Human Rights.
48.
On the issue of pretrial detention raised by Spain, administration of excessive
pretrial detention was one of the biggest problems of the justice system and one of the
Government’s priorities. Achievements had been made through legislative measures such
as limiting grounds for prolonging pretrial detention and including the obligation to credit
pretrial detention against future penalty. Over the recent period, awareness of judges had
increased when it came to applying international standards to pretrial detention.
49.
With regard to another issue raised by Spain, the legislative work to sign the
International Convention for the Protection of All Persons from Enforced Disappearance is
ongoing.
50.
Responding to a question raised by the Netherlands about government plans to
introduce additional measures to fight racist incidents and hate crimes, in 2011, a Council
for Combating Racial Discrimination, Xenophobia and related Intolerance was set up,
aiming at developing a plan of action to prevent and combat racial discrimination,
xenophobia and related intolerance. The delegation expressed confidence in trainings
delivered to the police, prosecutors and judges in fighting hate crimes and incidents. It
added that by the end of 2011, 38 000 police officers had been trained within the
framework of a programme carried out in cooperation with the Office for Democratic
Institutions and Human Rights (ODIHR). Poland had collected statistics concerning racial
crimes and had modified the questionnaire used, adding a separate column where racial
motivation of the crime was indicated. Poland had also been taking a number of steps to
promote tolerance and raise the social awareness of the importance of tolerance, combating
racism and xenophobia.
51.
On the issue raised by Netherlands and Morocco regarding adequate financing of the
institution of the Ombudsman and of the Office of the Government of Plenipotentiary for
Equal Treatment, the delegation indicated that the latter was established on the basis of the
law on the implementation of the European Union (EU) provisions on equal treatment. It
added that the office was financed from the budgetary allocation of the Chancellery of the
Prime Minister and had used EU funds in programmes dedicated specifically to the
elimination of discrimination. The delegation noted that the Ombudsman and the
Ombudsman for Children Rights were independent institutions, with budgets adopted by
the Parliament. Moreover, funds available to the Office of the Ombudsman for children,
despite the financial difficulties had been increasing by 1 million each year since 2010.
52.
Answering the question of Norway, the delegation stated that Poland had begun
reflecting on signing the European Convention on preventing and combating violence
against women and domestic violence. On the question raised by Sweden on raising
awareness on the prevention of violence against children, Poland’s action had focused on
information campaigns, including media campaigns, notably in 2009 and 2011 to sensitize
family members, perpetrators and the society in general. Campaigns included articles in the
press, training seminars, as well as various actions within the framework of local
programmes aiming at preventing violence against women and children.
53.
With regard to the status of the process of ratification of CRPD, an issue raised by
several delegations, the draft law was being considered by the Parliament and there was a
large support in favour of its adoption. Poland had to analyse the situation before
considering ratification of the Convention and had taken legal measures to amend relevant
national legislation in areas such as education of children, employment, access to labour
market, mobility, etc. Poland also held information campaigns to promote the employment
of persons with disabilities.
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