Godło RP

Newsletter Commissioner for Human Rights in Poland 18 - 22 June 2018

MAIN MATTERS

Nearly 300 persons from 65 places across the country, including parents, judges, lawyers, mediators, therapists and researchers met at the Parental Rights Congress in Warsaw, at the invitation of the CHR. In the event’s 12 thematic sessions they discussed issues such as civilization challenges for parents, domestic violence, family conflicts, divorce, problems of families of persons with disabilities and under-age parenthood. The Congress developed specific recommendations which, together with reports on the panels and movies on them, are available at https://www.rpo.gov.pl/pl/content/kongres-praw-rodzicielskich/ (more)

Olga Krzyżanowska, a person who was always ready to fight for dignity and rights of other people, passed away at the age of 88. She was a member of the Social Council operating at the CHR Office, an MP during the Sejm’s 10th, 1st, 2nd and 3rd terms of office, a Deputy Speaker of the Sejm during its 10th  and 2nd term of office, and a Senator during the Sejm’s 5th term of office. (more)

The Commissioner requested the Minister of Justice to publish the report on the visit to Poland of the European Committee for the Prevention of Torture, that took place in May 2017. According to the Commissioner, Poland should be among the countries that automatically publish the reports, a leading country in the field of prevention of torture. (more)

On the occasion of the World Refugee Day, the CHR wrote that it should be an opportunity to reflect on how unpredictable life can be. On the 100th anniversary of Poland regaining its independence, we should remember that in the past, our ancestors often had to seek support and assistance in exile. (more)

THE COMMISSIONER ON CITIZENS’ ISSUES

The Commissioner has offered to the government the support of the CHR’s Expert Committee on Persons with Disabilities in the process of developing a coherent system of disability classification. (more)

The requirement for Poland’s judges to be Polish citizens has its grounds in the fact that their work consists in public service provision to the citizens of the country, and that it is necessary to reduce the risk of judges acting in support of another country’s interests, explained the Minister of Justice in reply to the CHR's inquiry. (more)

The director of the Gostynin centre has replied to the CHR experts’s recommendations regarding the rights of the centre’s detainees. He explained that traditional mail addressed to the detainees is not read but is just checked for the presence of drugs or dangerous items. (more)

The Commissioner has inquired the army’s General Staff about the purpose and legal basis of collecting information on Polish citizens who are of different nationality. He reminded that data on nationality, race or ethnic origin are sensitive data subject to special protection. (more)

The fact that different pensioners have different discounts on public transport tickets in Gdańsk violates the principle of equal treatment, concluded the CHR. He has appealed to an administrative court against the relevant resolution of the city council. (more)

The number of water rescuers in Poland has been insufficient for several years, stated the Commissioner and submitted a letter of intervention to the Ministry of the Interior and Administration, regarding the need to ensure citizens’ safety in water. (more)

Adam Bodnar requested his French counterpart to intervene before the French authorities with regard to a Polish female citizens who was found missing in Paris over ten years ago. (more)

The UN Working Group on Arbitrary Detention concluded that Mateusz P., accused of being a spy, was arrested because he had exercised his right to freedom of speech. The group called for his release. The CHR asked the Minister of Foreign Affairs and the Minister of Justice why the government has not responded to the group’s claims. (more)

Persons who have suffered a damage due to an offence and want to bring private charges do not have equal rights today, because the time limit for bringing the charges depends on whether the aggrieved party is assigned a legal representative ex officio, by a court. The CHR has intervened before the Minister of Justice and stated that equal rights should be guaranteed to everyone. (more)

The Commissioner has found that the rights of a Ukrainian female citizen detained by the police have been violated. (more)

LEGISLATION

The regulation that requires disclosure of disability classification symbol in patient’s certificate of disability degree is non-compliant with the Constitution because the scope of health-related sensitive data that may be disclosed in specific cases may only be determined by a parliamentary act, ruled the Constitutional Tribunal, taking into account a citizen’s constitutional complaint in a case that was joined by the CHR. (more)

Football clubs may refuse entry to their stadiums to football fans who have violated the stadium regulations or regulations applicable to football matches. The Constitutional Tribunal did not support the CHR’s motion regarding unconstitutionality of the regulations that provide for such refusals. (more)

The Supreme Administrative Court upheld the decision refusing to recognize a birth certificate of a child of two Polish female citizens, issued by a court in the United Kingdom. The Commissioner was of the opinion that in view of the good of the child, the birth certificate should be included in the Polish system of civil status records as otherwise the child may not receive a document confirming that it is a Polish citizen, and may not be assigned the PESEL identification number. (more)

The Supreme Administrative Court has issued a resolution, unfavorable for taxpayers, regarding the effect of the notification on suspending the tax eligibility limitation period. (more)

THE CHRONICLE

On 21 June 2018, a delegation of the European Network of Councils for the Judiciary (ENCJ) that visited Poland met with the Commissioner for Human Rights. (more)

Adam Bodnar met with residents of Ostrołęka. Among the discussed issues were problems of minority shareholders of the former Ostrołęka Power Plant, who are the plant’s former employees (more)

Residents of Szczytno met with Adam Bodnar to talk about the freedoms, democracy and rights of persons with disabilities. (more)

At the CHR Office, and expert seminar conducted by Prof. Joseph Hoffmann, a lawyer from the USA who spoke about habeas corpus, was held. (more)