Commissioner for Human Rights

Newsletter on key activities of the Commissioner for Human Rights 16-20 September 2019

COURTS AND THE SYSTEM OF JUSTICE

  • How is it possible that in a country which experienced Holocaust, it takes over four years for the authorities to examine the case of anti-Semitic posts even when their author is an incumbent judge? Such slowness and omissions in that case undermine public confidence in the state and its institutions, wrote the Commissioner to chairman of the National Council of the Judiciary Leszek Mazur. (more)
  • President of the Office for Personal Data Protection declined the motion for suspending the safeguard order concerning the Supreme Administrative Court’s judgment relating to the disclosure of the lists of judges who supported candidates for the National Council of the Judiciary. Based on this order the list of the supporters has not been disclosed. (more)
  • On 10 September 2019, the European Court of Human Rights issued a judgment on the case of Strand Lobben and Others v. Norway (application no. 37283/13). The case concerned a judgment of a Norwegian court concerning withdrawal of a mother’s parental custody and consent to her son’s adoption by a foster family. (more)
  • People who in 1981-82, during the martial law, were hiding to avoid internment by the communist authorities will gain the right to compensation. Thanks to the initiative of the Commissioner, the Sejm amended the law and provided for compensation to these people. The bill still has to be approved by the Senate and signed by the President. (more)

EQUAL TREATMENT

  • Statement by the Commissioner for Human Rights regarding the campaign "Don't be a freak, take part in the elections". (text of the statement)
  • The strategy for social care deinstitutionalisation is expected by mid-2020. The government works on it are coordinated by the Minister of Health, has replied the ministry’s Department for Families to the inquiry of the CHR about the progress in reconstructing the support system for people with disabilities and for seniors. (more)
  • The Selam Polish-Ethiopian Association has thanked the Commissioner for Human Rights for his assistance and support in the case of Salomon Demissa who was attacked in Warsaw. In August 2017, he was beaten in the city in front of the apartment building where he lives. The CHR met with him to express his regret and solidarity. He also monitored the procedure conducted with regard to the case. (more)
  • 75% of all polling stations visited by CHR Office employees prior to the European Parliament elections were not adapted to the needs of people with disabilities. The CHR has requested the National Electoral Commission to take action to ensure effective protection of electoral rights of voters with disabilities. (more)

OTHER NEWS

  • Persons considered by a court as not guilty of committed offences or crimes due to their insanity are still paced in one of overcrowded psychiatric hospitals. However, such people should be placed in forensic psychiatry wards. The Ministry of Health has replied to the Commissioner that it is seeking an increase the number of beds in such wards, and remains in contact with the National Health Fund about the issue. (more)
  • President of the Office for Personal Data Protection has agreed with the Commissioner that the property restitution commission operates pursuant to provisions which do not take into account the GDPR and which should be corrected. Jan Nowak has pointed out, however, that the Commission - in accordance with the Act that assigns broad competences to it – works in the best public interest and that under GDPR, actions in the public interest are exempted from its provisions with regard to data processing without the knowledge of the data owners. (more)
  • The plan to close down the largest cells for over ten persons in prisons will be successively implemented, has ensured the Prison Service. In the meantime, the CHR had intervened in the case of a prisoner kept in a 16-person cell. (more)

THE CHR OFFICE’S EVENTS

  • The trio: Democracy - Rule of law - Human rights is inseparable. Without it, no real peace is achieved. Therefore, when those values become at risk we cannot be convinced that peace is given to people once and for all, said Adam Bodnar during the conference "We build peace" organized in cooperation with the Evangelical Church of the Augsburg Confession in Poland. (more)
  • On 17 September 2019, the Expert Committee on Consumers, established within the Office of the Commissioner for Human Rights, launched its work. The role of the Consumers Forum will be to share knowledge and experience in the field of consumer law with CHR, and to support him in his actions got improving consumers’ situation and safeguard their interests. (more)
  • Although female journalists do the same work as their male colleagues, they may encounter more serious and violent attacks or threats. There were rape threats against not only journalists themselves but even their children. The problem was discussed in the CHR Office by participants of an event entitled Safety of female online journalists, which accompanied the Human Dimension Implementation Meeting. (more)
  • Questions for a preliminary ruling can be a strong weapon for courts. This mechanism can be very effective, said participants of the periodic meeting for judges and lawyers, organized by the IUSTITIA Association of Polish Judges, Themis Association of Judges, NIKE Warsaw District Association of Judges, Free Courts Initiative and the Office of the Commissioner for Human Rights. (more)
  • The Commissioner met with Gerald Staberock, Secretary General of the World Organization against Torture. The discussed topics included e.g. the recent report of the UN Committee against Torture, regarding Poland, and the global challenges in the fight against torture. (more)