Commissioner for Human Rights

Newsletter Commissioner for Human Rights in Poland 29 October - 2 November 2018

MAIN MATTERS

ELECTIONS. The CHR wrote a letter to the chairman of the National Electoral Commission in support of citizens who could not vote on 21 October. He noted that local offices were not prepared for such a large number of incoming online applications for entry in the electoral registers, and this undermined the confidence in the state governed by law. (more information and examples).

CHILDREN born in the US by a foster mother for a same-sex couple of two men have the right to the confirmation of their Polish citizenship because of the fact that one of the parents is a Polish citizen, ruled the Supreme Administrative Court in the case that was joined by the CHR. (more)

OPOLE. The Commissioner started an ex-officio proceeding concerning the damage of a shrine located at ul. Biesa in Opole. (more)

PUłTUSK. It is not enough to change improper legislation. If it has caused effects for citizens, those effects should be annulled. The Supreme Administrative Court agreed with the CHR that a court should assess the regulations on apartment rental in Pułtusk, although they have already been changed by the town authorities. (more)

TAP WATER. The Ministry of Maritime Economy and Inland Navigation is working on regulations concerning tap water, replied the Ministry to the CHR’s comments. (more)

MEDIA. The law requires us to provide information, but it does not require access by everyone to our press conferences. That is why  we have not invited TVN to the press conference. This is the position of Polska Grupa Zbrojeniowa [Polish Armaments Group] regarding the TV programme  “Waters polluted with TNT” broadcast as part of TVN channel series “Superwizjer”. (more)

COURTS. Disciplinary proceedings against judges whose verdicts are against the approach of the ruling coalition lead to the so-called "freezing effect" i.e. fear to issue such verdicts, reminded the CHR in his official letter, sent to judge Przemysław Radzik, deputy disciplinary ombudsman and regarding his actions concerning judge Jęksa. (more)

Seven years after the entry into force of the Act on the Sign Language public administration bodies still do not meet all of the obligations imposed by the Act. (more)

APPLICATION to the Constitutional Tribunal. The defendant has no right to the refund of the costs of his lawyer when the defendant has appealed against a verdict of a first-instance court and his appeal has been sustained. The CHR considered such regulations to be non-compliant with the Constitution. (more)

SCHOOLS. Procedures of the Central Examination Board regarding the drawing up of test questions and exercises for the high-school leaving examinations and the matriculation examinations are public information, ruled the Supreme Administrative Court in the case joined by the CHR. (more)

The Minister of Investment and Development agreed with the CHR that children and persons with disabilities or sick persons may not be evicted and left without housing if they lived with a family member who lost the title to property as a result of debts. According to the Ministry, such persons should have the right to initiate a proceeding to obtain a social housing order or an order suspending the eviction proceeding. (more)

There are problems with the operation of courts’ specialist teams that issue opinions for courts on family-related cases. The Commissioner asked the Minister of Justice for up-to-date information on the works aimed at improving the situation. (more)

Regulations on pet animals make it easier to get rid of an animal than to leave it in an animal shelter. As regards animals that have escaped, the owners may have problems with finding them because of the shelter’s organizational problems. Adam Bodnar wrote to the Ministry of Agriculture and Rural Development with regard to the issue. (more)

The Prison Service is working on the unification of regulations on the possibility for mothers who visit their family members in prison and have young children with them, to bring food for or disposable diapers for the children. (more)

THE CHRONICLE

The discussion on social rights is more important today than ever, believes Adam Bodnar. The reasons for this are an increase in populist attitudes, the aging of societies, the challenges related to migration and unemployment and the activities of large corporations. These were the main points of the CHR’s lecture an international conference The prospects for Social Europe. (more)

USERS OF BANK LOANS DENOMINATED IN SWISS FRANCS. What problems are faced by such persons’ lawyers? How to provide better assistance to the borrowers? Adam Bodnar invited over ten lawyers from law firms that deal with such cases, as well as scientists and judges, to the meeting held at the CHR Office on 29 October. (more)