Newsletter 25-29 April 2016
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Newsletter from 25th to 29th April 2016
The Commissioner’s meeting with the Venice Commission
Adam Bodnar, the Commissioner for Human Rights, talked with a delegation of the Venice Commission on 29th April. The Venice Commission, an advisory body of the Council of Europe, is preparing an opinion on the amendment act on Police, which was adopted in January this year. The Commissioner submitted an application to the Constitutional Tribunal on 18th February. [more information on this subject].
Adam Bodnar for Wirtualna Polska - the government must defend the dignity of everyone equally
Adam Bodnar for Wirtualna Polska - the government must defend the dignity of everyone equally. We cannot conduct an anti-immigtation policy and at the same time not notice that expats, businessmen and students from other countries who live in Poland suffer the consequences of such a policy. Because of their appearance or religion, they are more often victims of violence or hate speech. No one asks them whether they are an ethnic minority, migrants who legally reside in our country or refugees - says in an interview for WP the Commissioner for Human Rights, Adam Bodnar [full interview].
Action “For old age ours and yours”. Let us talk about the Convention on elderly people’s rights
To celebrate the European Day of Solidarity between Generations, the Commissioner for Human Rights, Adam Bodnar invites to a common action entitled “For old age ours and yours” on 29th April 2016. Creating a strong group of senioral and civic organisation as well as active residents will help to inform elderly people about the planned Convention and to include their voice in a wider debate. [information and a form facilitating notification about your participation].
CIVIC RIGHTS AND FREEDOMS, JURISDICTION
The Commissioner reacts to the maltreatment of people at nursing home in Trzcianka
In relation to media information about inhumane treatment of people residing at Alois Alzheimer’s nursing home in Trzcianka nearby Warsaw, the Commissioner for Human Rights asked the Governer of the Mazowieckie Province and the District Attorney in Siedlce for more information. The Comissioner will also take steps to change provisions on the basis of which 24/7 nursing homes for dependent people function.
Executing judicial decisions concerning parents’ contacts with children
Court procedure applied to cases concerning executing contacts with children is - in the view of many parents - unclear, lenghty and ineffective. But a possibility of maintaining regular contacts with both parents is acknowledged as one of children’s rights, which arises out of i.a. the Convention on the Rights of the Child. The Commissioner addressed the Minister of Justice with a request for an analysis of court files in cases concerning executing contacts and subsequent considerations of a need for and direction of provisions’ amendments. [more].
Instruction templates for participants in criminal proceedings
New - similarly to formerly binding - instruction templates for people participating in criminal proceedings (the suspect, the victim, the witness, the temporarily arrested and the accused) are formulated in an unaccesible and incomprehensible manner for a wide circle of recipients. The Commissioner addressed the Minister of Justice about this issue [więcej]
The problem of the so-called parental kidnappins was a subject of the Commissioner’s address to the Minister of Justice. This concerns situations when one of the parents carries away or keeps a child at his/her place without the knowledge and consent of the second parent, thus depriving the second parent of maintaining contact with the child. It turns out that many difficulties are caused by executing a judicial judgment ordering to take the child away from a parent. Furthermore, there is no possibility of bringing parents who kidnap a child to court for criminal proceedings if the parent in question has a full parental responsibility. Whole procedure is additionally complicated because of a cross-border aspect [more].
Rights of Prison Service officers
The officers of Prison Service are not suffiently protected against claims submitted by the imprisoned, which are often slanders. Procedural position of such officers is then worse than those who are imprisoned. There are also objections concerning working overtime, conditions of performing service and the technical condition of buildings. The Deputy Commissioner for Human Rights addressed these problems to the General Director of Prison Service [more].
Social insurance of creators and artists
The same social insurance rules apply to creators and artists as to people who run a business or are freelancers. The problem was presented by the Commissioner for Human Rights during regional meetings in Szczecin and Świnoujście. The Commissioner addressed the Minister of Culture and National Hertiage to develop new system solutions in this scope [more].
The Constitutional Tribunal’s judgement about referrals to spa treatments
The Constitutional Tribunal considered the request of the Commissioner concerning the constitutionality of the procedure of directing to spa treatment or for spa rehabilitation. The Tribunal did not find any grounds for deeming the questioned regulations as unconstitutional [more].
On abortion in the Holy Family’s hospital in Warsaw
In relation to media information about a possibility of performing abortions contrary to the provisions of the act on family planning, fetus protection, conditions of abortions, the Commissioner for Human Rights addressed the President of Warsaw and the Commissioner for Patient Rights. Now he received information on activities that have been undertaken in this scope [more].
Doctors’ access to specialisations
More than ten facilities which are authorised to carry out specialisations and have free training places rejected to accept a doctor for the purpose of continuing his/her specialisation without providing a reason. It turns out that the provisions do not oblige accredited facilities to accept a doctor directed to do a specialisation. The Commissioner addressed the Minister of Health to provide to all doctos an uncostrained, equal and based on clear rules access to professional development and specialisation [more].
“We need to introduce a trend of no-hate” Adam Bodnar, on preventing hate speech on the internet
“I hope that we will be able to introduce a trend for no-hate, bring people to treat each other with respect on the internet and carry our quality conversations,” said the Commisioner during the Hate-React! Forum, which was organised by the Commissioner, the “Polis” Association, the Coordinator of the Council of Europe’s campaign “Without hate” and the National Audiovisual Institute. This event was a continuation of the Round Table on combating hate speech on the internet, which was initiated by Adam Bodnar in 2015 [more].
Stereotypes concerning violence against women
“Judiciary is a professional environenment which especially should be free from stereotypes. If a judge acts in accordance with stereotypes during trial, it may negatively affect an effective prevention of violence againt women and violence in family”, said the Deputy of the Commissioner for Human Rights, Sylwia Spurek during a conference entitled “Themis in the magnifying glass”, which was organised by the Centre for Women’s Rights [more].
The activity of the Council on the Prevention of Racial Discrimination, Xenophobia and Intolerance Related to Them
The Commissioner addressed the Minister of Interior and Administration and the Minister of Digital Affairs with a question on further activity of the Council on the Prevention of Racial Discrimination, Xenophobia and Intolerance Related to Them. The functioning of a platform which enables a coordination of operations performed by institutions which aim to prevent hate speech and other acts of intoletance is needed especially during the current migrant crisis and the growing antipathy or even hostility towards people or groups of a different origin or faith [more].
After the first duty hours in Szczecin
A Consultation Point of the Commissioner for Human Rights commenced its working on 25th April 2016 in the Szczecin City Hall. Issues, with which the residents of Szczecin came to the point, concerned legal and social matters, e.g. professional activisation of disabled people, problems faced by tenants’ associations and housing co-operatives, housing benefits, the buy-out of social housing, criminal proceedings (lodging an appeal or infringements in preparatory proceedings) [more].
After Adam Bodnar’s visit to Podkarpacie - the Commissioner’s partners support local communities
Some problems need time, co-operation of many local entities and an assistance in searching for the best solution. This is why Adam Bodnar, after a visit to Podkarpacie at the beginning of March, asked the Head of the Commissioner's Expert Committee on Homelessness and the main coordinator of regional projects to take care of particular issues communicated by the residents of Jasło, Sanok, Rzeszów and Łąki Dukielskie [more].
RIGHTS OF THOSE DEPRIVED OF FREEDOM
System of isolating minors - the position of the Minister of Justice
Law which provides a possibility of isolation - because of security and order reasons - of minors who reside in reformatories and juvenile detention centres still allows for misuses. Currently 937 minors reside in such facilities. The Minister of Justice presented his position on this matter [more].
OTHER ACTIVITIES OF THE COMMISSIONER
The Commissioner on international workshops for ombundsmen
Challenges in the scope of human rights is a subject of international workshops, in which the Commissioner Adam Bodnar participated. This event was organised in Barcelona by the Head of the Board of International Ombundsman Institute for the Europe region [more].