Newsletter 21 - 26 March 2017
MAIN MATTERS
Workshop for Ombudsman Institutions for the Armed Forces
On 20-22 March 2017 in Warsaw, a workshop was held for representatives of the Military Ombudsman Institutions from participating states of the Organization for Security and Co-operation in Europe. On the first day, the discussions focused on the scope of democratic control over military services and on issues related to the security sector management. On that day the meeting was also attended by representatives of armed forces and other uniformed services. Commissioner Adam Bodnar referred to the case of Nangar Khel and pointed out the need for the Polish State to ensure specialist legal protection to professional soldiers. The CHR also discussed the problem of insufficient protection of soldiers against discrimination and mobbing, as well as issues related to the lack of legal protection of soldiers who report irregularities in the army (so-called whistle-blowers) [more].
Don’t be divided, stay united: the CHR’s message in the European Action Week Against Racism
- I hope this brief message: Don’t be divided, stay united will reach all those who already do, or want to, influence the realities around us, the policies pursued and the development and application of the law, wrote Adam Bodnar on the International Day for the Elimination of Racial Discrimination. On this day, the Commissioner also took part in the celebrations of the Persian New Year, held at the Brunet Cafe in Warsaw [more].
On judgements of the European Court of Human Rights: a meeting with the Council of Europe’s representative
Pierre-Yves Le Borgn, member of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe met with Deputy CHR Krzysztof Olkowicz. The main subject of the discussion was the implementation of the judgments of the European Court of Human Rights [more].
The CHR inspects the work of the helpline for victims of domestic violence
Deputy CHR Sylwia Spurek visited the State Agency for Solving Alcohol-Related Problems. She inspected the work of the free-of-charge anonymous 24-hour helpline for victims of domestic violence [more about the visit and about how to seek help via the Blue Line].
THE COMMISSIONER ON CITIZENS’ ISSUES
Removing the flood effects. The CHR writes to the Minister of Internal Affairs and Administration with regard to differences in related grants [more].
May dogs be walked in the Saxon Garden in Lublin? Residents have the right to challenge the municipal council’s resolution which prohibits walking dogs in the Garden, judged the Supreme Administrative Court [more].
The Commissioner: Polish pupils who study outside the Polish system of education should be entitled to discount rates for public transport [more].
Why not all local governments register alimony debtors in the business information registers? A joint application of the CHR and the Ombudsman for Children [more].
The case of Ms Cecylia. The Regional Administrative Court accepts the Commissioner’s arguments regarding double child allowance for two children [more].
Another application to the Minister of Health regarding parents’ (caretakers’) problems with exercising their right to stay at the hospital with the child who is sick [more].
LEGISLATION
Restricting the right of temporary workers to use the labour court is inconsistent with the constitution, judged the Constitutional Tribunal [more].
The CHR’s intervention regarding Article 485(3) of the Code of Civil Procedure: the Minister of Justice announces the upcoming annulment of the preferred status of bank claims in the proceedings by writ of payment [more].
The rules of liability for outstanding contributions, due for employees whose formally existing employment relationship was legally acknowledged only after many years, should be regulated by way of a relevant Act of Parliament [more].
The Senate Committee on Petitions will not consider the CHR’s postulate to increase the role of post-judgement mediation [more].
Judgment of the Constitutional Tribunal regarding the perpetrator's right to attend court sessions which consider the extension of the preventive measure in the form of placement at a psychiatric hospital [more].
The Senate Committee on Petitions will not consider the CHR’s postulate to change the criminal law provisions on defamation (Article 212 of the Penal Code) [more].
The Sejm has changed the provisions on penalties for non-payment of alimony (Article 209 of the Penal Code)
In their statements regarding the problem, the Commissioner for Human Rights and the Ombudsman for Children postulated the broadest possible use of electronic surveillance systems [more].