Newsletter 2-7 August 2016
MOST IMPORTANT MATTERS
The Commissioner challenges the new Constitutional Tribunal Act before the CT
The Commissioner for Human Rights submitted an application concerning the new CT Act before the Constitutional Tribunal. The challenged act makes an unacceptable interference with the independence of the Constitutional Tribunal and the independence of its judges [learn more].
Refusal to print materials for an organisation working for the benefit of LGBT persons
The Commissioner for Human Rights explains which provisions oblige to intervene concerning the discrimination of service outlets' customers. The Commissioner presented them in a letter to the Minister of Justice and the editor-in-chief of the wPolityce web portal [learn more].
THE COMMISSIONER IN CITIZENS' MATTERS
The Commissioner on the right to family benefits of a foreigner and her children – victims of violence
A woman had to flee her country with children in fear of an abusive husband. Poland granted them protection. The City Office refused the right to benefits, because the husband does not reside on the territory of Poland. The Commissioner joined the ongoing proceedings. On 4 August, the Administrative Court shared the Commissioner's position that, given the particular situation of the foreign woman, the fact that the husband does not reside in Poland cannot constitute grounds to refuse the right to benefits [learn more].
The liability of a person managing a web portal
The Commissioner an appeal in cassation before the Supreme Court in a case concerning the infringement of personal interests by an entry on a web portal founded and run by a natural person in one of the social networking sites [learn more].
How to prevent housing scams disguised as loan guarantees?
The National Chamber of Civil Law Notaries responded to the Commissioner that it is also following media reports on parties aggrieved as a result of concluding agreements on the transfer of ownership of apartments for securing loans with growing concern [learn more].
SOCIETY
The Commissioner asks the heads of uniformed services about mobbing, harassment and discrimination
The Commissioner approached the heads of all uniformed services with a request for information on measures undertaken by them in order to prevent mobbing and discrimination (including harassment and sexual harassment) in professional relationships [learn more].
Access to gynaecological and urological services by young people
Minors, even if they are more than 15 years old, cannot seek gynaecological or urological advice without the consent of the legal guardian. The Commissioner approached the Minister of Health in this matter [learn more].
Psychiatric care in prison units
The Commissioner approached the Minister of Justice concerning the ordinance, according to which each temporarily arrested or convicted person, even if there was a direct threat to their life, must first go to prison [learn more].
LAW
Should blind and deaf people pay the broadcast receiving licence?
The Commissioner asked the Chair of the Sejm Committee on Culture and about the draft law on the TV and radio tax. It does not provide for the exemption of the deaf and blind from the obligation to pay this tax [learn more].
Implementation of the Constitutional Tribunal's judgement on driving exams for people with disabilities
People with disabilities must provide a vehicle adapted to their needs for the purpose of a driving exam on their own. Based on the Commissioner's application, the Tribunal held such provisions unconstitutional. Currently, the Commissioner approached the Minister of Infrastructure and Construction to implement the Constitutional Tribunal's judgement [learn more].
The rules for collecting the visitor's tax in Toruń – the Provincial Administrative Court shares the Commissioner's position
The Provincial Administrative Court in Bydgoszcz, as requested by the Commissioner, annulled the resolution of the Toruń City Council, which entitled the Municipal Office to collect the visitor's tax for "incomplete" days of stay spent in Toruń. The tax is 2 PLN, which is not a large amount, but it accumulates to significant sums [learn more].
Unequal protection in cases of violation of copyrights
In accordance with the Act on Copyright, the entitled party can request a multiple of the remuneration for breach of copyrights, regardless of the size of the damage suffered. The Commissioner approached the Minister of Culture and National Heritage in this matter [learn more].
Monograph "The Main Problems of Misdemeanours Law – do we need a reform?"
The Office of the Commissioner published a monograph "The Main Problems of Misdemeanours Law – do we need a reform?" with a preface written by Adam Bodnar. The publication collects the contributions of the scientific conference held in the Office of the Commissioner on 11 April 2016. [learn more]
CHRONICLE
The "Spełnienie" Foundation helps children and the Commissioner visits them on vacation
In Dźwirzyn, Adam Bodnar met with children staying on a summer camp organised by the "Spełnienie" Foundation. The Commissioner contacted the foundation during a regional meeting in Żagań [learn more].
Meeting with the representatives of the Central Prison Administration
Deputy Commissioner for Human Rights Krzysztof Olkowicz met with the representatives of the Central Prison Administration [learn more].
The unveiling ceremony of the monument commemorating the murdered Roma and Sinti
Deputy Commissioner for Human Rights dr Sylwia Spurek participated in the ceremonial unveiling of the monument commemorating the murdered Roma and Sinti, who died in the former Nazi Kulmhof extermination camp located in Chełmno nad Nerem [learn more].