Commissioner for Human Rights

The results of secondary school exams are final. One cannot appeal against them. Therefore, the Commissioner welcomed the announcement that such a possibility will be introduced to the Act on the Education System. In his motion to the Minister of National Education, the Commissioner for Human Rights asks to submit detailed information on the planned amendments [more].

The system of financing artistic education

The amount of subsidies per student varies greatly between different artistic universities in Poland. In practice, the difference can reach even 100%. The current system of financing artistic universities is perceived as unfair and inconsistent with the constitutional principle of equality. The Commissioner requested the Minister of Science and Higher Education to present a position on this matter [more].

Sabbatical leave for employees of research institutes

Currently, researchers of scientific institutes are not entitled to paid sabbatical leave, which would allow them to intensify their work in preparation of their doctoral dissertations. Academic teachers, however, have such a possibility. The Commissioner approached the Minister of Science and Higher Education with a request for information, whether it is planned to amend the provisions in this regard [more].

HEALTH CARE

Patient's right to undergo treatment

Patients should have the right to information about the real possibility of undergoing treatment, which was refused by a physician invoking the conscience clause. The Commissioner has approached the Chairman of the Parliamentary Committee on Health [more], the President of the National Healthcare Fund [more] and the President of the Supreme Medical Council [more].

The protection of health and life of persons who may be infected with HIV

The duty of a physician, in the event of diagnosing an infection that can be transmitted through sexual contact, is to inform the infected patient that their sexual partner or partners should seek medical attention. Information about such notification is registered in the medical records. This solution is primarily aimed at protecting the health and life of the patient's sexual partner. There are doubts, however, as to whether the adopted procedure fulfils its task. The Commissioner for Human Rights has referred to the President of the Supreme Medical Council in this matter [more].

The development of geriatrics and gerontology

On 24 February the Parliamentary Commission on Senior Policy tackled the issues of organising the health care system and the development of geriatrics and gerontology in Poland in view of an ageing population. At the Commission's meeting, comments and questions to the Minister of Health were presented by the Commissioner's representative Barbara Imiołczyk – co-Chair of the Expert's Commission on the Elderly attached to the Commissioner for Human Rights [more].

"Doctors to treat!" debate

"Doctors to treat!" is the name of a debate on the situation of specialised doctors coming to Poland from outside of the European Union, in which the Commissioner for Human Rights Dr. Adam Bodnar participated on 23 February. The conference was organised by the Multicultural Centre in Warsaw and the Office of Health Policy of the City of Warsaw. Among others, migrants who seek the recognition of their professional qualifications outside of the EU took part in the discussion. The representative of the Ministry of Health, local authorities and NGOs also presented their positions. The debate was moderated by Piotr Pacewicz [more].

Nationwide public campaign about depression in children

February 23rd is the International Day Against Depression.  According to the World Health Organisation, depression is the fourth most serious disease in the world and one of the major causes of suicides. On this day, at the University of Social Sciences and Humanities in Warsaw, we had the opportunity to meet during a conference inaugurating the first nationwide public awareness campaign about depression in children. This is another element of a much-publicised public campaign "Faces of depression. I don't judge. I accept" [more].

The Minister of Health on excluding in vitro procedures from funding

On 19 January 2016, the Commissioner for Human Rights referred to the Minister of Health in relation to the announcement of excluding in vitro procedures from refinancing. In his response, the Minister pointed out, among others, that the lack of financing of in vitro procedures from the state budget is not tantamount to depriving the law on the treatment of infertility of its effectiveness. In the assessment of the Minister, the problem of infertility can be effectively solved with respect to many families through comprehensive measures, focusing primarily on diagnosing the causes of infertility and treating them [more].

Registration with specialists

Patients receiving constant treatment at one of endocrine clinics learned that in order to register for their next visit, they have to visit the clinic on a particular day. As a result, patients, including those with disabilities and the elderly, stood in a three-hour line in front of the building to register with a doctor for an appointment. The Commissioner took up the matter ex officio on the basis of press reports. He referred, among others, to the Commissioner for Patients' Rights and the competent Provincial Department of the National Health Fund. The Commissioner for Patients' Rights informed that the clinic violated the collective rights of patients and stopped this practice [more].

LABOUR

Meeting with the President of the Trade Unions Forum

The Commissioner met at the Office of the Commissioner with Dorota Gardias, president of the Trade Unions Forum. They discussed the possibility of taking action on the ratification by Poland of international human rights standards, as well as the implementation of the Constitutional Tribunal's Ruling on the extension of the exercise of the freedom of association [more].

Discrimination of breastfeeding policewomen

A policewoman complained on discrimination at work. In the department she was serving at, the superiors were requesting medical certificates on breastfeeding. One certificate must be submitted together with a report announcing the intention to use the breaks for breastfeeding a child, and the subsequent ones - each month. In other departments one just has to make a statement - and not visit doctors in order to obtain certificates. The Commissioner for Human Rights referred to the Chief of Police in this matter [more].

Civilian employees of forensic laboratories

Civilian employees of police forensic laboratories believe they are not paid fairly – they're receive different wages at different police headquarters and are treated differently than police officers.  Firstly, the Commissioner for Human Rights referred in this case to the Chief of Police (who, however, did not see a problem), and then to the Minister of Internal Affairs and Administration. Now he received a reply [more].

MIGRANTS                                                                                                      

On personal inspections of people detained in the facilities of the Border Guard

In his motion to the Minister of Internal Affairs and Administration, the Commissioner restated the problem of the lack of an adequate legal basis for carrying out personal inspections of people detained in the premises of the Border Guard. The Secretary of State at the Ministry of Internal Affairs and Administration shared the position of the Commissioner and announced that the provisions of the Act o Foreigners, and on the Border Guard, will undergo necessary amendments over the course of legislative works [more].

Meeting of the Parliamentary Commission for National and Ethnic Minorities

A meeting of the Committee for National and Ethnic Minorities was held at the Sejm, during which the Commissioner for Human Rights Dr. Adam Bodnar presented information on complaints and requests related to national minorities, which were submitted to the Office of the Commissioner between 2013 and 2015. The meeting was also attended by Dr. Sylwia Spurek, Deputy Commissioner for Equal Treatment and Marcin Sośniak, chief specialist at the Office of the Commissioner [more].

The situation of Roma families in Limanowa

The Commissioner referred to the Voivode of Małopolska on the situation of Roma families in Limanowa. The Roma, against their will, but according to the project implemented by municipal authorities, are to be transferred from their existing place of residence to the building purchased by the city of Limanowa in the Czchów municipality. The main reason for the strong opposition of the Roma against the proposal are the protests of Czchów's residents and the reaction of the local government of the Czchów municipality. In the opinion of the Commissioner, the right solution is to carry out mediations involving all of the stakeholders [more].

ENTREPRENEURS

Application to the Constitutional Tribunal concerning the the statute of limitations for tax liabilities

The Commissioner for Human Rights lodged an application at the Constitutional Tribunal concerning the unconstitutionality of a provision of the Tax Code, according to which there is no statute of limitations on tax liabilities secured by mortgage or tax lien. The challenged provision violates the constitutional principle of equal protection of property, as well as the principle of equality and universality of taxation, especially through the introduction of particularly restrictive measures regarding certain categories of taxpayers [more].

No regulations for online currency exchange

Online currency exchange is becoming more popular, among others, due to competitive exchange rates and the speed of transactions. However, there is no legal framework for online currency exchange offices. Current regulations apply only to traditional foreign exchange market operators. The new regulations would increase the safety requirements for online money exchange, as well as strengthen the protection of customers' interests. The Commissioner referred to the Minister of Finance in this matter [more].

Timely payment of subsidies to farmers

Many farmers still have not received subsidies for the year 2015. They also cannot get clear information from the Agency for Restructuring and Modernisation of Agriculture as to the scheduled date of payment of benefits due to them. The Commissioner has requested the Minister of Agriculture and Rural Development to present a position on this matter [more].

Granting reliefs in tax liabilities

On 24 February the court shared the Commissioner's position in a case concerning the refusal to grant relief from payment of tax liabilities. It pointed out that public interest should be understood and examined in a variety of aspects. Authorities should investigate the circumstances leading to tax arrears. They also should take into account the social aspect, i.e. whether the payment of arrears will not result in the need to provide a different form of social support by the State [more].

On direct payments for farmers

Since June last year, farmers have been complaining to the Commissioner on the actions of the Agency for Restructuring and Modernisation of Agriculture: it is evaluating the applications for subsidies in terms of deficiencies after a few months, so it is impossible to correct these deficiencies in time. On 4 January 2016 the Commissioner for Human Rights referred to the Minister of Agriculture and Rural Development in this matter. In its response, the Ministry indicated, among others, that the decisions on applications which have been corrected after the deadline have already been the subject of proceedings before administrative courts and are currently examined by the Supreme Administrative Court [more].

On class action lawsuits

The Ministry of Development is reviewing solutions concerning the institution concerning class action lawsuits for possible ways of improving the mechanism of recovering claims by creditors form the sector of small and medium-sized enterprises – deputy Minister Mariusz Haładyj wrote the Commissioner on 17 February [more].

On the conditions for entry on the list of agricultural advisors

In January 2016, the Commissioner has once more referred to the Minister of Agriculture and Rural Development in the matter of an excessively broad requirement of evidence of no criminal record in relation to candidates for agricultural advisors. In its response, the Ministry indicated, among others, that the execution of tasks related to supporting the operation of a farm involves access to sensitive data. For these reasons, an advisor should not only be a person of good repute, but also a person who has not been convicted of an intentional crime or an intentional tax crime [more].

ACCOMODATION

Meeting of the Committee of Experts on Preventing Homelessness

Sheltering the homeless and the distribution of products collected by food banks were the main topics of a meeting of the Committee of Experts on Preventing Homelessness attached to the Commissioner of Human Rights, which was held on 25 February at the Office of the Commissioner. The meeting was also attended by representatives of the Ministry of Family, Labour and Social Policy [more].

Power of the mortgage register court

The Supreme Court has recognised the legal question of the Commissioner on the scope of powers of the mortgage register court. The position of the court is consistent with the application of the Commissioner for Human Rights. In his question of law, the Commissioner considered that the view, according to which the mortgage register court may refuse to make an entry into the register if there is an officially known obstacle is legitimate. In such a situation, the court is entitled to reject an application for entry due to the lack of grounds to make it [more].

THE RIGHTS OF PERSONS DEPRIVED OF LIBERTY

Effective social re-adaptation of convicts

Convicts, in numerous complaints to the Commissioner, express doubts and fears whether they will able to manage their life after leaving the prison walls. Assistance granted to them may significantly contribute to the prevention of recidivism, thereby increasing the sense of security of all citizens. The Commissioner referred to the Minister of Justice, asking him to provide information on the measures taken recently to improve the effectiveness of the system of granting aid to convicts [more].

Register of sexual offenders

The draft law on the prevention of sexual crimes provides for, among others, the establishment of a register of sexual offenders. Creating systemic solutions aimed, in particular, at protecting children from sexual abuse is essential. The adopted legal regulations, however, should meet the constitutional standards, including the provision of guarantees of respect for the right to privacy and the protection of personal data. The Commissioner referred to the Chairman of the Parliamentary Special Subcommittee in this matter [more].

The system of medical care for prisoners

In his motion to the Minister of Justice, the Commissioner once more calls for the adoption of necessary changes in the functioning of the system of medical care for prisoners. Last year, the Commissioner for Human rights received more than 1,000 complaints on improper medical care in the conditions of prison isolation [more].

Release from custody on bail

In the case of the accused X, the court agreed to release him from prison on bail. The family paid the money, received proof of payment, but X was not released, because the prosecutor has filed a complaint. In the Commissioner's assessment, this state of affairs is caused by the differences in the interpretation of existing law in the jurisprudence of courts. The Supreme Court refused to adopt a resolution on the issue of a question of law asked by the Commissioner for Human Rights pertaining to the so-called conditional detention, but it expressed a legal view [more].

On consignments for inmates

Z. maintains contact with his family, and they send him a package every month. K. does not want to do anything with his family, but he has friends and colleagues. He won't receive a parcel. After another motion of the Commissioner, the Ministry of Justice found that the regulations, indeed, have to be amended [more].

People with intellectual disabilities in prisons

Court expert psychiatrists diagnosed mental impairment in a convict and warned: "a threat to life or health in the course of serving the sentence cannot be ruled out with 100% certainty. The convict was brought to prison in February 2015. It was only at the request of the Commissioner that the penitentiary judge took a closer look at the case and ordered for a break in the execution of the penalty. It is one of the examples provided by the Commissioner in another of his motions to the Director-General of the Prison Service in respect of persons with intellectual disabilities in prisons [more].

Implementation of ECtHR judgements on dangerous prisoners

Since on 16 February 2016 the European Court of Human Rights in Strasbourg (ECtHR) issued further judgements relating to dangerous prisoners and the regime applicable to them, the Commissioner has referred to the Director-General of the Prison Service once more, indicating the problem of the proper implementation of ECtHR's judgements [more].

Prisoners suffering from hepatitis C

Incarcerated patients suffering from hepatitis type C begin their treatment only after approximately 3 years. Usually, this occurs when the patient's health deteriorates to such an extent, that there are grounds for urgent referral to treatment. The Commissioner has referred to the Director-General of the Prison Service in this matter [more].

National Centre for the Prevention of Dissocial Behaviour

The Commissioner has referred to the Minister of Health on the functioning of the National Centre for the Prevention of Dissocial Behaviour. People put there pursuant to court judgements are indefinitely deprived of freedom. The centre can accept a maximum of 20 patients. In order to avoid a situation when the number of free places runs out, it is urgent to construct a separate building. Another major concern is the lack of statutory regulations determining the rights and obligations of people placed there [more].

OTHER ACTIVITIES OF THE COMMISSIONER

On the backlog in implementing EU law in Poland

Minister Konrad Szymański, Secretary of State in the Ministry of Foreign Affairs, in response to the motion of the Commissioner of 21 January on the delays and irregularities in the implementation of European Union law in Poland, assured that necessary steps have been taken to catch up with the backlog. He also stressed that this issue is regularly discussed at the meetings of the Committee for European Affairs of the Council of Ministers [more].

Visit of the Ambassador of Canada to the Office of the Commissioner

The Commissioner for Human Rights Dr. Adam Bodnar met with the Ambassador of Canada in Poland, Stephen de Boer. Issues relating to the protection of human rights were the topic of their conversation. The meeting was also attended by: Pamela Isfeld, Political Counsellor of the Embassy of Canada, Dr. Sylwia Spurek, Deputy Commissioner for Equal Treatment and Mirosław Wróblewski, Director of the Constitutional, International and European Law Team.

Meeting with the director of the Warsaw Uprising Museum

Dr. Adam Bodnar met with the Director of the Warsaw Uprising Museum Jan Ołdakowski in the Office of the Commissioner. The discussion dealt with the cooperation of the two institutions during the celebrations of the anniversary of the liberation of the Mauthausen-Gusen concentration camp. They examined how to commemorate the deceased prisoners and honour those who survived.  Among others, many participants of the Warsaw Uprising were sent to the Mauthausen-Gusen camp.

"New means of protection and assistance for victims" – conference attended by the Commissioner

The Commissioner participated in a conference organised by the Public Prosecutor General named "New means of protection and assistance for victims". Dr Bodnar stated that the situation in terms of state compensation is gradually improving. He also drew attention to the implementation of the EU directive on victims, the importance of the anonymisation of personal data of victims and witnesses, and the issues concerning victims in particularly sensitive matters [more].

Disciplinary proceedings concerning court enforcement officers

The Commissioner referred to the President of the National Council of Judicial Officers in the case of the officers' right to fair trial in disciplinary proceedings. Concerns are raised by the fact that the court competent to hear the appeal brought by a judicial officer is the district court supervised by one of the applicants of the disciplinary proceedings, i.e. the president of the district court. In the Commissioner's assessment, the adopted solution may violate the officers' right to an impartial and fair appeal proceedings [more].