Godło RP

Newsletter Commissioner for Human Rights in Poland 15 - 19 April 2019

21 postulates of protesters with disabilities and their parents - one year after the strike:

  • A year ago, on 18 April 2018 a group of people with disabilities and their parents started a 40-day strike in the Sejm building. They protested against the dramatic situation of many people with disabilities as well as their family members.

The protesters, together with a group of their supporters representing the disabled persons’ community, formulated 21 postulates addressed to the government. After a year, 13 of those postulates have not yet been fulfilled, and 8 have been fulfilled in part. (more)

THE SYSTEM OF JUSTICE

  • The CHR’s opinion on the ninth amendment to the Act on the Supreme Court: the draft contains a solution that is not consistent with the Constitution, and the way in which it is proceeded does not provide a guarantee of improvement of work of the system of justice. (details)
  • A prosecutor's office does not consider a citizen's extraordinary complaint which has been considered unfounded by the CHR. This is in contradiction with the last year’s amendments to the Act on the Supreme Court. (more)
  • A 16-year-old girl has been entered in the “register of pedophiles” because of her action for which she was only reprimanded by a court. The court concluded that the nature of the case “was not serious”. However, her name is to remain in the register for the 10 years following her 18th birthday. This, according to the CHR, may have a negative impact on her future life. (more)
  • People placed in psychiatric hospitals because of the fact that they may not be held liable for their actions due to their mental insanity have different rights there, depending on the facility. This is inconsistent with the Constitution which requires the restrictions of freedoms and rights to be specified an a parliamentary act, stated the CHR. (more)
  • What changes should be introduced in the centre in Gostynin? On 17 April 2019, Commissioner for Human Rights Adam Bodnar visited the centre. The visit once again confirmed the need for a large-scope amendment of the parliamentary act governing the centre’s work. (more)

THE MEDIA

  • The declaration on the rights of LGBT+ persons, adopted by the Mayor of Warsaw was described on the TVP Info channel as e.g. “the promotion of pedophilia and behavioral disorders”. The statement had features of hate speech concerning non-heterosexual persons, and should not have been used on the public media, concluded the Commissioner in his complaint filed with the National Broadcasting Council. (more)
  • The news-bars on the Wiadomości news magazine contain messages that are not reliable and not objective, concluded the Council on the Polish Language in its report for the Sejm. This, believes the CHR, means that the public television undermines the Broadcasting Act that refers to pluralism, impartiality, as well as balanced and independent reporting. (more)
  • Tomasz Surdel, a Polish journalist, was beaten in Venezuela in March this year, most probably by the local police, in connection with his publications about the situation in the country. The Polish consul informed the victim about the “possibilities to get engaged in the process of explaining the course of the incident". However, the journalist replied he “had no expectations of the consul to intervene”, so the representative of Poland take no further steps. (more about the position of the Ministry of Foreign Affairs).

CHILDREN AND THE FAMILY

  • A 13-year-old whose mother suffers of schizophrenia is brought up by her grandparents who formally are not her foster family or custodians and thus are not eligible to apply for the child benefit. The Ministry of Family, Labour and Social Policy does not expect any amendments to the regulations applicable in such exceptional circumstances. (more)
  • The Supreme Administrative Court will issue a decision of a panel of 7 judges, concerning the entry into the Polish registry of a foreign birth certificate of a child of same-sex parents. (more)
  • The establishment of a separate category of community assistance homes for people with autism or multiple disabilities is a step in the right direction but is not a sufficient solution. In a letter of intervention to the Minister of the Family, Labour and Social Policy the CHR indicates what should be taken into account to make the state’s assistance for people with autism and their families s really effective. (more)
  • 21 postulates of protesters with disabilities and their parents - one year after the strike. (more)

TAXES AND FEES

  • The Minister of Finance will consider the issue of the provision, to Commissioner for Human Rights, of access to confidential fiscal data during administrative proceedings. Today, the restrictions in the access make it difficult for the Commissioner to intervene in cases of citizens' disputes with revenue authorities at the pre-court stage. (more)
  • The closure of access to a company's bank account because of the suspected tax fraud involving the use of the account should be preceded by a notification sent to the account owner, wrote the CHR to the head of the National Revenue Authority. (more)
  • How do notaries provide services concerning real property transactions after the introduction of changes in the regulations governing perpetual usufruct? The CHR has inquired the National Council of Public Notaries. (more)