Zawartość

Newsletter Commissioner for Human Rights in Poland 13 - 17 May 2019

Position of the Commissioner for Human Rights on the adoption by public administration entities of declarations “opposing the LGBT ideology” (more)

Three years after the death of Igor Stachowiak – the CHR’s statement. (more)

The CHR’s information regarding the register of paedophiles. (more)

HATE SPEECH

The Ministry of Justice is working on the proposed amendments to the regulations on the offences of the propagation of fascism and other totalitarian systems, as well as the incitement of hatred. This has been the reply of the Ministry of Interior and Administration to the CHR’s letter to the Prime Minister, that contained 20 recommendations on effective fight against those crimes. (more)

EDUCATION

An education inspector said that certain teachers „are not worthy of performing this profession”. The Commissioner has requested Minister of Education Anna Zalewska to take a position on the matter. (more)

Students of the Ukrainian minority do not yet have textbooks in their native language. The CHR receives complaints that teachers have to conduct classes according to their own curricula. The CHR has again written to the Ministry of National Education with regard to the matter. (more)

OWNERSHIP TITLES

The provision that time-barring of a mortgage claim does not violate the mortgagee’s right to seek his claim’s satisfaction based on the mortgaged property is consistent with the Constitution, adjudicated the Constitutional Tribunal on 15 May 2019. It did not uphold the complaint regarding non-compliance with the Constitution of Article 77 of the Act on land and mortgage registers and on mortgage. (more)

CULTURE AND CREATIVE ARTS

The place of works of Natalia LL and Katarzyna Kozyra in the Polish art is well known by me, replied the National Museum director Prof. Jerzy Miziołek to the CHR’s letter regarding the works’ removal from the contemporary art gallery. The change of the displayed pieces of art has been a result of a new more dynamic vision of the gallery’s work, and not by disregarding or censoring the creations of the said artists, he assured. (more)

FOREIGNERS AND NATIONAL MINORITIES

The eviction of Roma people from a building in Limanowa has been suspended. On 14 May, the District Court in Nowy Sącz upheld the claim of the Commissioner for Human Rights against the municipality of Limanowa. (more). The Roma settlement in Maszkowice was a subject discussed in a parliamentary committee meeting, attended by the CHR. (more)

The educational institution named Wyższa Szkoła Gospodarki Euroregionanej whose certain students, citizens of India, work as Uber Eats suppliers does not violate their rights and freedoms, concluded the Commissioner after analysing the institution’s explanations regarding its recruitment system, tuition fees and the teaching staff quality. (more)

SENIORS

The professional association of public notaries should provide full protection to senior persons against their property take-over based on notarial deeds concluded as a result of fraudulent loans. The CHR has again written to the National Council of Public Notaries with regard to the issue. (more)

Unclear regulations on retirement pensions work against miners from brown coal opencast mines. Over the last 20 years, the successive governments have been failing to issue implementing regulations to the parliamentary act on retirement pensions and to specify to which job positions the regulations on miners’ pensions apply.(more)

The Social policy towards seniors until 2030, ad opted by the government, does not sufficiently respond to the challenges connected with the aging of the Polish society. In the CHR’s opinion, the policy does not include partnership approach to seniors, or sources of funding for the policy on seniors. (more)

FREEDOM OF SPEECH

The police made it impossible to show Tomasz Sekielski's movie Don’t tell anyone on a facade of the building adjacent to the Polish Army National Church. The CHR has asked Warsaw police commander to indicate the legal basis for intervening and for confiscating the projector. (more)

PERSONS WITH DISABILITIES

The Ministry of Justice is still carrying out the analytical works regarding the abandonment of the system of incapacitation and its replacement with the system of individualized support in decision making, has replied the Ministry to the CHR’s question about the progress of the works on the changes announced in autumn 2018. (more)

RIGHTS OF PERSONS DEPRIVED OF LIBERTY

A prisoner did not get a pass to attend his daughter's first communion ceremony because in the past he did not return after a temporary release. The prison facility’s head considered the possibility of the prisoner’s participation in the ceremony when convoyed by officers, but decided this would influence the event’s perception by the children. The CHR considered the complaint justified as the decision on the participation in the ceremony in the presence of officers should be taken by the prisoner himself and his family. (more)

THE CHRONICLE

At the CHR Office a meeting was held with the former First President of the Supreme Court prof. Adam Strzembosz and the former head of the State Theatre and Drama School Prof. Jerzy Stuhr. The debate "Ius est ars boni et aequi" („law is the art of doing what is good and just”) was co-organized by Stowarzyszenie Sędziów Apelacji Warszawskiej [Warsaw District Association of Judges], Warsaw Branch of Iustitia Polish Judges Association, Themis Association of Judges and operators of #Wolne Sądy [Free Courts].