Commissioner for Human Rights

Meeting with the Secretary General of the Council of Europe

Adam Bodnar, Commissioner for Human Rights, and Thorbjørn Jagland, Secretary General of the Council of Europe, discussed constitutional problems and the human rights situation in Poland. The meeting was held on 5 April in the Office of the Commissioner for Human Rights in Warsaw [more].

Hanna Machińska awarded the Honorary Medal of the Commissioner for Human Rights

Dr Hanna Machińska, Director of the Office of the Council of Europe in Poland, was awarded by Adam Bodnar the Honorary Medal of the Commissioner for Human Rights "For Merit To Human Rights Protection". The ceremony was held on 7 April. Dr Machińska is a lawyer and a social activist. She has many achievements in implementing European standards into Polish law. She has always been committed to fighting discrimination, xenophobia and intolerance [more].

Civil society and its importance: the story of "Solidarity" - "Żmichowska" students awarded

Congratulations to Narcyza Żmichowska School No. 67 in Warsaw on its success in an international contest. Its students won FIRST place in the "Centropy" film contest in the category: Civil society and its importance: the story of "Solidarity". The film features, among others, Adam Bodnar, Commissioner for Human Rights [link to the film, entitled "From Warsaw with love"].

CIVIL RIGHTS AND FREEDOMS, THE JUSTICE SYSTEM

Conscience clause and patients' rights

A patient, whose doctor refused to take any action referring to the conscience clause, is left without any information on where to seek help. In his reply of 25 March to the Commissioner, the President of the National Health Fund announced that he had already requested the Minister of Health to consider taking legislative action to amend legislation in this regard [more].

Judgment of the Court of Justice of the European Union in Luxembourg important for the Polish justice system - a European arrest warrant postponed

The court, to which the European Arrest Warrant (EAW) was sent, may postpone its execution if it finds that prisoners are subjected to inhuman or degrading treatment in an issuing country. This follows from the judgment of the Court of Justice of the European Union in Luxembourg which was rendered on 5 April. This has serious consequences for Poland [more].

Motion with respect to imposing aggregate penalty under intertemporal legislation filed with the Constitutional Tribunal

The Act amending the Penal Code, in force since 1 July 2015, introduces a new model for imposing aggregate penalty. In relation to cases investigated by the Office of the Commissioner for Human Rights, concerns arose in relation to the application of intertemporal law in this respect. The Commissioner filed a motion in this regard with the Constitutional Tribunal [more].

Amendments to the Act on the Civil Service - joinder of motions

Motions for finding amendments to the Act on the Civil Service unconstitutional filed by the Commissioner for Human Rights and a group of MPs with the Constitutional Tribunal were joined. They will be considered as one case No. K 6/16 [more].

Commissioner for Human Rights files a cassation with respect to improper notice of hearing

A man was sentenced by a court of first instance for drug trafficking to suspended imprisonment. A public prosecutor challenged this ruling and a court of second instance changed the judgment and imposed unconditional imprisonment. The judgment was rendered in the absence of the defendant who was in custody at that time and was unable to receive the notice of appeal hearing date [more].

About using another person's address as own business address

Mrs Z. received a reminder of payment of an outstanding invoice issued to another person. It turned out that her residential address was used as a business address of a former tenant's son. A time-consuming deregistration procedure was initiated with respect to the rogue entrepreneur. The Minister of Development responded to the Commissioner's address on problems faced by those whose address was used as another person's business address [more].

About judges' sick leave right

Regulations on a judge's paid sick leave right are too general. In response to the Commissioner's address, the Minister of Justice announced relevant changes to an amendment to the Act - Law on Common Courts Organisation [more].

Disciplinary proceedings with respect to court enforcement officers

A regional court is competent for hearing an appeal brought by a court enforcement officer against a decision of the disciplinary committee. However, the superior administrative supervision of the regional court is exercised by its president, i.e. one of those who requested initiating disciplinary proceedings. The current solution may violate the court enforcement officer's rights to impartial and fair appeal proceedings. The Commissioner once again brought this issue to the attention of the Minister of Justice [more].

Conference on the role and importance of lay judges' work

- In the State where the civil society is built, the lay judge institution is undoubtedly one of the most important institutions - said Krzysztof Olkowicz, Deputy Commissioner for Human Rights at a conference held in the International Youth Meetings Centre in Toruń. The meeting devoted to the role and importance of lay judges' work was attended by representatives of authorities, science as well as communities of judges and lay judges. The event was also attended by a German delegation of lay judges [more].

Civil Symposium in Września

How to reach an agreement with residents on problematic investments? This was one of the topics addressed at the Civil Symposium which was held in Września. Much attention was paid to public consultations. They make it possible to find out how to meet the needs of even small groups of residents which may be insignificant for a municipality as a whole, but which are important for a civil parish, a housing district or a street. In fact, the voices of minorities should also be heard in a debate on solutions which are of concern to all the residents [more].

Law students ask about the Constitutional Tribunal

At a meeting with students of the University of Warsaw, Dr Adam Bodnar discussed the role of the Commissioner for Human Rights in proceedings before the Constitutional Tribunal, how to actually apply to the Constitutional Tribunal and how the Office of the Commissioner for Human Rights works. The meeting was held by Ambassadors of the Commissioner for Human Rights from the Faculty of Law and Administration, University of Warsaw [more].

REGIONAL MEETINGS OF THE COMMISSIONER FOR HUMAN RIGHTS

"Stop tilting at windmills, start fighting for normality" - an article by Adam Bodnar

Following a regional meeting in Suwałki, the Commissioner for Human Rights joins a debate on wind turbine regulations [link to the article].

eWUŚ puts students in trouble

Children of an insured, who undertake work even on a short-term basis, have to once again confirm their right to public health service treatment which they hold as part of their parent's insurance. Participants of a regional meeting in Białystok informed Commissioner Adam Bodnar of the severity of the solutions in place. The Commissioner for Human Rights brought this issue to the attention of the Minister of Health [more].

EQUAL TREATMENT

Commissioner for Human Rights files a motion with respect to the Equal Treatment Act with the Constitutional Tribunal

The Equal Treatment Act does not cover certain social groups. This unjustifiably differentiates the procedural situation of the discriminated and, as the Commissioner believes, is contrary to the constitutional principle of equality, the right to a fair trial and the provisions of the Convention on the Rights of Persons with Disabilities [more].

Simplification of procedures for applying for benefits

Procedures for applying for pension and non-pension benefits by persons with disabilities should be simplified. The Commissioner asked the Government Plenipotentiary for Disabled People for information on whether relevant changes are planned [more].

Rights of the elderly

It is necessary to change the way we think about the rights of the elderly and to shift from the implementation of social rights only to the development of a comprehensive state strategy for senior policy. The Commissioner brought this issue to the attention of the Minister of Family, Labour and Social Policy [more].

International Roma Day

On 8 April, on the occasion of the International Roma Day, dr Adam Bodnar, Commissioner for Human Rights, made a special statement. What is more, the Office of the Commissioner for Human Rights hosted a seminar on the situation of Roma immigrants in Poland who were among the participants [more].

Situation of Roma families in Limanowa

The Commissioner asked the Voivode of Małopolska for information on the state of mediation with respect to the transfer of several Roma families from Limanowa to new buildings purchased by local municipal authorities in other localities [more].

How to treat LGBT people

Health needs and rights of LGBT people were the main theme of a conference which was held in the Office of the Commissioner for Human Rights in Warsaw. The aim was to provide the participants with expertise on the health of LGBT people and practical guidance for working with patients of this group [more].

TAXES

Introduction of mediation to tax proceedings

The Tax Ordinance does not allow for settling disputes between taxpayers and tax authorities through cooperation. In his address to the Minister of Finance, the Commissioner for Human Rights endorsed the proposal to introduce mediation to tax proceedings. If implemented, this concept may help settle tax matters more efficiently without the need for time-consuming tax proceedings and often administrative court proceedings as well [more].

EDUCATION AND SCIENCE

Six-year-olds have the right to a place in a kindergarten

Heads of kindergartens must accept children to reception classes - said the Minister of Education in response to the Commissioner for Human Rights' address. The Commissioner receives complaints from parents, because - after six-year-olds stopped being covered by compulsory education - children in their municipalities must attend reception classes in schools anyway. There are simply no reception class units in kindergartens [more].

About irregularities in postdoctoral proceedings

Postdoctoral proceedings are full of irregularities - pointed out the Commissioner in his address. In accordance with the Central Commission for Degrees and Titles, legislation on both postdoctoral proceedings and other aspects of the Act on Academic Degrees and Academic Title needs to be amended [more].

FARMERS

Frequent amendments to principles for granting subsidies to farmers

In his address to the Minister of Agriculture and Rural Development, the Commissioner pointed to a problem of frequent amendments to legislation on conditions for granting financial aid to farmers. E.g. One of the regulations amended the amount of aid, when a call for proposals was open. This raises serious doubts as far as the constitutional principle of equality and the principle of citizens' trust in the State and its laws are considered [more].

Financial aid for afforestation of land

Complaints received by the Commissioner for Human Rights indicate that citizens were unable to apply for subsidies for afforestation of land situated within a Natura 2000 site which had no conservation plan (plan of conservation tasks) in place. In his address to the Minister of Agriculture and Rural Development, the Commissioner proposed how to solve this problem [more].

WORK AND OLD-AGE PENSIONS

Old-age pension rights of municipal (city) guards

Pursuant to the provisions of the Act on Old-Age Pensions of Functionaries of the Police and other uniformed services, municipal (city) guards are not among those eligible for old-age pension benefits under this system. The Commissioner brought this issue to the attention of the Secretary of State in the Ministry of Family, Labour and Social Policy [more].

Procedures for developing "Programme Manuals"

The Commissioner asked the Minister of Development for information on whether a uniform nationwide procedure for developing "Programme Manuals" under EU-funded programmes is established. The most important here is to supervise their content for compliance with the law, in particular the provisions of labour law with regard to employment in the implementation of specific projects [more].

OTHER ACTIVITIES OF THE COMMISSIONER FOR HUMAN RIGHTS

Adam Bodnar receives the Anna Laszuk Award

Dr Adam Bodnar and the NGO Coalition, which was responsible for the "Our Commissioner" campaign, are this year's laureates of the Anna Laszuk Award granted by Radio TOK FM. They were appreciated for their ability to work across boundaries, for promoting a person who has fought for the weaker for years and their contribution to the election of the first Commissioner for Human Rights whose candidacy was not put up by politicians. The gala award ceremony was held on 5 April this year in the Polin Museum of the History of Polish Jews in Warsaw [more].

Commissioner appoints Ambassadors of the Commissioner for Human Rights

Dr Adam Bodnar appointed twenty-five Ambassadors of the Commissioner for Human Rights. He stressed at the meeting that he highly appreciates their commitment and the vast amount of energy and time they put in to support the Office of the Commissioner for Human Rights e.g. at regional meetings or in holding conferences, seminars and workshops [more].

Adam Bodnar lays flowers on the grave of Janusz Kochanowski

On the anniversary of the death of Dr Janusz Kochanowski, Commissioner for Human Rights (5^th term of office), who died on 10 April 2010 in a plane crash near Smolensk, Dr Adam Bodnar laid flowers on his grave in the "Kule" Cemetery in Częstochowa. The Commissioner was accompanied by Dr Aleksandra Wentkowska, Representative of the Commissioner for Human Rights in Katowice [more].

Meeting with the "Polis" Association

Dr Adam Bodnar attended a meeting on the occasion of the twentieth anniversary of the "Polis" Young Journalists' Association which was held in the Actual House of Culture in Warsaw. The guests invited included: Halina Bortnowska, Danuta Przywara and Prof. Mirosław Wyrzykowski [more].

Commissioner for Human Rights visits Kraków

Commissioner Adam Bodnar took part in a ceremony of inauguration of 6^th year apprentices' training in the National School of Judiciary and Public Prosecution in Kraków. The Commissioner for Human Rights delivered an introductory lecture on judiciary and judicial independence as a guarantee of rights and freedoms of an individual. The Commissioner took advantage of his stay in Kraków to also meet the staff and students of the Commission of National Education's Pedagogical University of Kraków [more].