Commissioner for Human Rights

Honorary Medal of the Commissioner for Agnieszka Bartkowiak

“She was an honest, just and wise person,” says the late Agnieszka Bartkowiak's daughter, Kinga Bartkowiak, who received the Honorary Medal “For Merit To Human Rights Protection” from the Commissioner for Human Rights, Adam Bodnar, on behalf of her mother, an outstanding court-appointed family guardian, who died in 2014 [more].

COMMISSIONER'S REGIONAL MEETINGS

On persons residing in allotment gardens

After the regional meeting in Poznań, the Commissioner for Human Rights addressed the government and enquired about the situation of persons who have started residing in year-round garden houses in allotment gardens and e.g. transferred their flats to their children. At present, the Polish Allotment Federation wants to deprive them of the right to allotments as the size of their garden houses exceeds the standards. The Deputy Minister in the Ministry of Family, Labour and Social Policy responded to the Commissioner's address [more].

Adam Bodnar's meeting in Konin

“Civil society in Konin is in bloom. We can compare it to other places as we travel around Poland – and here, the room is full”. These were the words Adam Bodnar used at the beginning of the meeting in Konin. Over 30 people, representatives of non-governmental organisations, came to the room in the District Court. The discussions concerned family affairs, persons with disabilities, and other problems in the local community [more].

A visit to the NGO Centre in Konin.

During his stay in Konin, the Commissioner visited the local NGO Centre. The Centre hosts: the office of the Plenipotentiary for Persons with Disabilities and Non-governmental Organisations, a medical equipment shop, training flats for disabled persons, and a hostel run by persons with disabilities [more].

Next regional meeting – in the Łódź Voivodeship.

In April, the Commissioner for Human Rights plans a regional meeting with representatives of the civil society in towns and villages in the Łódź Voivodeship [more].

EQUAL TREATMENT

Commissioner's declaration and address – Each extremism threatens freedom

The emotional reaction to and indignation against terrorist attacks are understandable. It is important, however, what conclusions we draw from those events. ‘If we react by limiting civil rights and attacking institutions safeguarding those rights, such the Constitutional Tribunal or the European Union, we do what the terrorists wanted us to do’, wrote the Commissioner for Human Rights, Adam Bodnar, in his response to the burning of a doll representing the German Chancellor [more].

Differences in men's and women's salaries

According to the Central Statistical Office of Poland, an average man's salary is 20.6% higher than an average woman's salary. In the finance and insurance sector, men earn even 36.7% more than women, in the commerce and car and vehicle repair sector – over 28%, and in the information and communication sector – 25%. The Commissioner addressed the Minister of Family, Labour and Social Policy and requested information on measures taken to combat the gender pay gap [more].

Anti-discrimination education at schools

As seen in NGO reports, most of school students experience peer aggression. At schools, discrimination is not only present in peer relations, but also in relations between students and teachers. The Commissioner addressed the Minister of National Education and requested more involvement and effective support for schools in carrying out anti-discrimination education [more].

Meeting with female representatives of uniformed services.

Dr. Sylwia Spurek, the Deputy Commissioner for Human Rights, held a meeting with female representatives of uniformed services at the Office of the Commissioner. The topics discussed by the ladies included the rules governing additional breaks for breastfeeding police officers and the salaries paid to male Border Guard officers on parental leave [more].

Meeting of the Expert Commission for Migrants

Procedures for the identification of persons belonging to sensitive groups among the people seeking protection on the Polish territory and development of a social campaign against hate speech were the primary topics of the meeting of the Expert Commission on Migrants that was held at the Office of the Commissioner for Human Rights on 22nd March [more].

CIVIL AFFAIRS

Commissioner's motion to the Constitutional Tribunal concerning the Act on media

The Commissioner challenged the Act of 30 December 2015 on media at the constitutional Tribunal. In the Commissioner's opinion, the Act violates the constitutional guarantee of free speech and the freedom of media by directly subjecting the public radio and television stations to the government and ignoring the constitutional role of the National Broadcasting Council [more].

The motion to the Constitutional Tribunal regarding criminal liability for dishonest advertising.

An act of dishonest competition in the field of advertising is a misdemeanour. The definition of the punishable acts, however, is unclear and imprecise, so the Commissioner for Human Rights filed a motion to the Constitutional Tribunal in this regard [more].

Arrested persons tortured by the Police in Olsztyn

Current findings lead to the conclusion that torture of arrested persons in order to force them to testify in a certain way (e.g. admit their guilt) might have been a regular practice at the City Police Headquarters in Olsztyn. It is a matter of the highest concern, and the Commissioner monitors the issue [more].

Right to environmental information

Citizens should have the opportunity of social control of environmental protection authorities. Without the access to current environmental information there can be no participation of social organisations concerned with the environment in administrative proceedings or presenting an opinion of the ‘friend of the court’. The Commissioner addressed the Minister of the Environment in this regard [more].

JUSTICE SYSTEM

Possibility to reject a complaint about a flagrantly trivial matter

A citizen wanted to obtain public information from the communal authorities. The head of the commune demanded a fee of PLN 0.42. The woman did not want to agree to the fee and filed a complaint to an administrative court. The court, however, rejected the complaint as a complaint about a flagrantly trivial matter. The three-person bench of the Supreme Administrative Court addressed the bench of seven judges of the Supreme Administrative Court and applied for adoption of a resolution that would allow a court to reject a complaint due to the fact that the matter is obviously and flagrantly trivial. The Commissioner acceded to the proceedings. On 21st March, the Supreme Administrative Court refused to adopt the resolution [more].

Position of the Sejm on double punishment of a transport company for false representation

The Voivodeship Inspector of Road Transport imposed a fine on a transport company for false representations. Simultaneously, a criminal procedure with regard to the same act has been instituted against the same company. The court that handled the procedure was in doubt with regard to the double punishment for the same act. Thus, the court submitted a legal enquiry to the Constitutional Tribunal. The Sejm provided their opinion on the issue [more].

On principles of inspection of persons entering courts

The Ministry of Justice agrees with the Commissioner's opinion that the rules of inspection of persons entering courts should be regulated by way of a legislative act of the parliamentary act rank. Such reforms, states the Ministry, are to be introduced in the course of the work on a new Law on Common Courts Organisation Act [more].

Why may courts only subscribe to newspapers selected by the minister?

Press reports suggest that the Minister of Justice has sent a catalogue of 146 newspaper titles that courts may subscribe to to directors of courts of appeal. The catalogue contains fewer items than previous ones, several nation-wide newspapers have been removed. There are doubts whether such measures comply with the constitutional principle of equality. Therefore, the Commissioner addressed the Minister of Justice and requested a position on the matter. A reply has been submitted [more].

WORK

“Solidarność” trade union on the right to associate in trade unions

A guarantee of the right to become members of trade unions for persons who are self-employed or employed on the basis of civil law contracts was the subject of the Commissioner's address to the chairpeople of the three largest trade union centres. As a response, the chairman of the National Commission of the “Solidarność” trade union, Piotr Duda, stated that the by-laws of “Solidarność” allow people who earn their living due to work on a legal basis other than the contract of employment [more].

Meeting on wokrers' rights with OPZZ

Dr. Adam Bodnar took part in the meeting of the Executive Committee of the All-Poland Alliance of Trade Unions (OPZZ), where it was agreed that joint measures for the reinforcement of workers' rights would be undertaken [more].

Labour law class actions

In disputes between employees and employers, an economic barrier often prevents the employees from claiming their rights on their own. A possibility to file class action lawsuits would be favourable for employees, particularly with regard to such matters as group lay-offs or overtime payment. In his address to the Minister of Family, Labour and Social Policy, the Commissioner demands the extension of class action to labour law issues [more].

On principles of social insurance for artists and authors.

The principles of social insurance that apply to authors and artists are identical with the principles that apply to people engaged in business or liberal professionals. The Commissioner addressed the Minister of Family, Labour and Social Policy and requested taking measures to introduce new solutions in this regard. As a response, the Minister confirmed that it is necessary to start a debate on the reforms that would take account of the specific nature of the activity authors and artists which would involve representatives of those circles [more].

Conditions of work in police crime laboratories

In his another address concerning the employees of civil crime laboratories at voivodeship police headquarters, the Deputy Commissioner addressed the Head of the Civil Service and requested to be made familiar with the findings of the analysis of work conditions in the laboratories [more]

EDUCATION

On the possibility to appeal against Matura exam results

The results of the Matura exams are final. They may not be appealed against. Therefore, the Commissioner was satisfied to hear that such a possibility would be introduced in the Act on the education system. As a response to the Commissioner's address, the Undersecretary of State in the Ministry of National Education provided details of the planned reforms [more].

HOUSING and HOMELESS

Issues of the national housing policy

Mariola and Janusz are in arrears with the rent for a communal flat. Zbigniew cannot afford to pay a higher rent in a private tenement house. In a short time, just like 80% of other people who are in arrears with the rent, they will receive eviction decisions. And the most probable scenario is that the court will order the commune to provide them with social housing. The commune, however, does not have such housing, and the number of the people waiting for it is already high. The Commissioner addressed Prime Minister Beata Szydło in this regard [more].

Protection against homelessness

People who have been evicted and have not been granted right to social housing are not actually protected against homelessness. After 6 months of waiting for the provision of temporal housing by the commune, they are very often evicted to a homeless shelter. This issue also concerns pregnant women, families with small children, people with psychiatric conditions or disabilities. The Commissioner addressed the Minister of Infrastructure and Construction and indicated the necessity to amend the Act on the protection of the rights of tenants [more].

Rights of persons residing in allotment gardens

The Commissioner for Human Rights addressed the members of the government and enquired about the situation of persons who have started residing in year-round garden houses in allotment gardens and e.g. transferred their flats to their children. At present, the Polish Allotment Federation wants to deprive them of the right to allotments as the size of their garden houses exceeds the standards. The Deputy Minister in the Ministry of Family, Labour and Social Policy responded to the Commissioner's address [more].

OTHER COMMISSIONER'S ACTIONS

Social Council Meeting

Social Council at the Office of the Commissioner met on 23rd March. Dr. Adam Bodnar provided information on measures taken by the Commissioner in 2016. Particular attention was paid to regional meetings with representatives of social organisations [more].