Commissioner for Human Rights

Newsletter Commissioner for Human Rights in Poland 20 - 26 December 2016

Newsletter 20-26 December 2016

MAIN MATTERS

The court agreed with the CHR and ordered the German TV station to publish an apology for using the term „Polish death camps”

The Court of Appeal in Kraków thoroughly agreed with the CHR’s argumentation and ordered the German TV station ZDF to publish an apology to Mr Karol Tendera for using the term “Polish death camps”. The Court pointed that the term’s use in relation to the Auschwitz prisoner may suggest he was not a victim but a perpetrator.

In the opinion of the Commissioner for Human Rights, the previous apology by ZDF was inadequate. Given that the claimant was offended in public, on a commonly accessible website, an apology in the form of a letter addressed only and directly to him (via his legal representative) was insufficient [more].

The CHR’s application to the Constitutional Tribunal regarding the regulations on unemployed persons’ data profiling

The Commissioner has filed with the Constitutional Tribunal an application contesting the amendment to the Act of 2014 on the promotion of employment and on market institutions. The act introduces new effective forms of assistance to unemployed persons but at the same time allows the use of personal data without providing appropriate guarantees of its protection [more].

„Do you have a problem with a loan in Swiss francs? Find out what you can do” – a joint information action of the CHR and the Financial Ombudsman

Starting from January 2017, the Commissioner for Human Rights and the Financial Ombudsman shall carry out a joint information action in nine Polish cities: Bydgoszcz, Częstochowa, Gdańsk, Katowice, Kielce, Lublin, Słupsk, Szczecin and Wrocław. The first meeting will be held in Wrocław on 13 January. Residents of Warsaw can seek information directly from the Financial Ombudsman. Details and dates of individual meetings are available at rpo.gov.pl

THE COMMISSIONER ON CITIZEN’S ISSUES

The Commissioner intervenes in the case of delays in the payment of salaries and benefits due to employees and former employees of a retail chain in Kraków [more].

Will Warsaw residents whose debts were remitted by Warsaw municipal office have to pay tax? The Commissioner’s intervention regarding the changed interpretation of the tax regulations [more].

The Commissioner intervenes again on the issue of medical use of marijuana [more].

Homeless persons without a night shelter in winter? The Commissioner addresses the situation in the district of Słubice [more].

Commander-in-Chief of the Police ensures that all cases of race-related attacks are investigated by the Police with due diligence [more].

Land in Michałowice was nationalized pursuant to the Land Reform Decree of 1948. Now the courts have judged that the nationalization was illegal. The CHR lodges a cassation appeal [more].

The Commissioner for Human Rights on the meetings held on 10 December in front of the Presidential Palace [more].

The CHR intervenes on the issue of an anti-immigrant spot on the TVP Info channel [more].

LEGISLATION

On what grounds may a suspect be refused access to the case files and evidence during the pre-trial period? The Commissioner writes to the Minister of Justice [more].

The Minister of Family, Labour and Social Policy ensures the Commissioner that she supports measures aimed at balancing women’s and men’s family and professional lives [more].

May an owner of a re-privatized property claim compensation from the tenants or the municipality for the property’s use without a contract? [more].

The Commissioner writes to the Minister of Justice with regard to the procedure of delivering correspondence from courts [more].

The Minister of Health replies the CHR on the issue of dry cleaner facilities’ harmful impact on residents of buildings in which the facilities are located [more].

An application to the Prime Minister regarding provisional detention of persons staying at health care facilities [more].

What is the system of supervision over commercial nursing homes? The Ministry of Family presents a review of existing regulations [more].

THE CHRONICLE

Adam Bodnar took part in a Christmas Eve meeting with persons affected by the homelessness crisis [more].

The CHR Office’s statement on the remark of Minister of the Interior and Administration Mariusz Błaszczak [more].