A/HRC/41/33/Add.2
about the concept of gender and about the fact that women were regarded as the main
victims of domestic violence. Opponents labelled the content of the Convention as the
“gender ideology”, and there were attempts to withdraw from the Convention, including
institutional preparatory initiatives for the renouncement. The Working Group was pleased
to be reassured by the Ministry of Justice during the visit that there was no plan for
withdrawal.
66.
The Working Group was pleased to learn of the various measures taken since the
adoption of the Convention and its application to asylum procedure cases. Indeed, the
Working Group recognizes the continuous efforts to establish and improve the legal and
programmatic framework for combating violence against women, noting that the
Government has so far prioritized family violence. Violence against women in other
spheres of life, including sexual harassment in schools, institutions of higher education and
other public spaces, as well as cyberviolence, are mostly left out of the current framework.
67.
The Working Group was informed of the positive changes in attitudes among law
enforcement personnel and judicial actors and of various training courses. Notwithstanding
these commendable efforts, more remains to be done to overcome gender stereotypes in the
justice system. Furthermore, there is a need to review the content of the training
programmes to ensure greater understanding of women’s barriers to accessing justice at the
legal, institutional, structural, socioeconomic and cultural levels, including discriminatory
or insensitive legal provisions, the persistence of gender stereotypes, women’s economic
dependence and responsibility for children, and gender bias in the system.
68.
It is also important to systematically collect disaggregated statistical data at regular
intervals in order to study the root causes and effects, incidences and conviction rates, and
the efficacy of measures taken to combat violence against women. This should include data
on women in vulnerable situations, such as older women, women with disabilities, migrant
women and minority women (particularly Roma). Such data would serve as the basis for
adopting and implementing targeted policies for addressing the problems these women
face, including securing effective access to justice and access to specialized support centres
and places of safe refuge.
A.
Domestic violence
69.
The Working Group observed that the Istanbul Convention’s recognition of women
as the main victims of domestic violence is also supported by the Government’s statistics
disaggregated by gender, which indicate that the overwhelming majority of the victims of
domestic violence in Poland are women and children, 67 per cent and 22 per cent
respectively, while men predominate among the perpetrators (92 per cent of all
perpetrators).39
70.
The 2005 Act on the Prevention of Violence in the Family, with further amendments
made in 2010, and the Programme to Combat Family Violence 2014–2020, provide a
comprehensive framework for the prevention of family violence and protection of and
assistance to the victims/survivors, including legal, medical and psychological support,
crisis intervention, provision of shelters and assistance in finding accommodation, as well
as the possibility of isolating the perpetrator from the common dwelling. They also provide
for correctional and educational measures for the perpetrator and professional training for
those involved in dealing with domestic violence. Local authorities are also required to
assume certain responsibilities to counteract domestic violence and protect victims.
71.
The Act, however, does not fully reflect the gendered nature of family violence and
is not yet fully compliant with the Istanbul Convention in terms of the scope of the
protected persons and the types of violence covered. The Act defines the protected person
as a family member, understood as the nearest relative within the understanding of article
39
Data from 2017 collected by the Ministry of Family, Labour and Social Policy.
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