Commissioner for Human Rights

In 2019-2020, some local government units have passed resolutions described in public debate as ‘anti-LGBT’ resolutions. Resolutions on countering or stopping ‘LGBT ideology’ and on adopting a Local Government Charter on the Rights of Families (SKPR) fell into this group.

Resolutions in the first category have been repealed by local government bodies or annulled by the courts. In contrast, several resolutions on the SKPR are still in circulation. Their nature, content and effects are in principle not as far-reaching as the resolutions on counteracting or stopping ‘LGBT ideology’. However, some of their provisions can be considered questionable in terms of legitimacy.

The concept of ‘family’ as used in the SKPR should be understood in a manner consistent with the Constitution and the European Convention on Human Rights, as including relationships that are not based on marriage. The provisions of the SKPR may lead to the exclusion of single parents from protection and unacceptable differentiation in the access of NGOs to their funding.
As a consequence, Commissioner for Human Rights Marcin Wiącek asked the two mayors and two district governors to consider eliminating the contested provisions of the SKPR from the law.

‘The resolution was adopted by the County Council of the previous term; however, due to the different position of the Commissioner for Human Rights on this issue, we are considering the possibility of amending our resolution’ - wrote Łańcut starost Adam Krzysztoń in reply.

Also, the Starost of Debica informed about the considered development of optimal provisions of the amendments to the resolution, which will not raise any doubts. 

‘The aim of the activities is to work out optimal, unambiguous and unquestionable provisions, which will meet the demands raised in the letter of the CHR’ - responded the Mayor of Dębica Mateusz Kutrzeba.

https://bip.brpo.gov.pl/pl/content/rpo-samorzadowa-karta-praw-rodzin-watpliwosci-odpowiedzi