Commissioner for Human Rights

Regulations of the amendment to the Constitutional Tribunal Act deemed unconstitutional

The Constitutional Tribunal passed down its judgment on the December amendment to the CT Act. Application in this matter was lodged among others by the Commissioner for Human Rights. The Tribunal held that the Act is wholly incompliant with the principles of better legislation [more].

While bringing the matter before the Tribunal, Adam Bodnar stated among others that: Fully independent and efficient Constitutional Tribunal guarantees existence of the real rights and freedoms of citizens in Poland - [a speech delivered by the Commissioner for Human Rights - Adam Bodnar - before the Constitutional Tribunal on 8 March 2016].

Regional visit of the Commissioner for Human Rights

Problems related to human rights within the Subcarpathian area

“I travel around the country because I would like to understand the problems related to human rights in Poland. You opinions are highly significant in terms of our work” - said Adam Bodnar to the representatives of non-governmental organizations, while inaugurating the meeting at the Rzeszów University [more]. What is more, the Commissioner met with representatives of the civil society in Strzyżów, Sanok [more] and Przemyśl [more].

The Commissioner for Human Rights is planning a regional visit in the Łódź voivodeship next month.

CIVIL AFFAIRS

Children right to the Large Family Card

Children from orphanages or kids shelters cannot be provided with the Large Family Card. This fact was brought to the Commissioner for Human Rights’ attention by activists of a non-governmental organization during a regional meeting in Szczecin.  Adam Bodnar asked Elżbieta Rafalska - the Minister of Family, Labor and Social Affairs - for an explanation [more].

About the procedure related to sexual crimes

A very long time passes between reporting a rape and hearing the victim - two or even three months. This is how the regulations work, which were introduced in order to hear victims in such cases, preserving special respect to their rights - as suggested by the Commissioner for Human Rights’ research.  The General Prosecutor responded to the Commissioner’s letter in this matter [more].

This problem was also raised during the Commissioner’s visit in the Subcarpathian region [more].

Domestic observers of elections

Polish elections law regulates the institution of international observers. However, no regulations related to domestic observes have been introduced. Regulation of the status of an independent non-party national observer would be significant in strengthening the civil society. The Commissioner  referred to the Chairman of the State Electoral Commission in this matter [more].

Defense costs in criminal proceedings

The Commissioner turned to the Minister of Justice again, in relation to the matter of defense costs in criminal proceedings. It is about especially complicated and long-standing cases, where a major part of costs is covered by a citizen - in case of acquittal or discontinuance of proceedings [more].

Compensation for victimized persons

After the application by the Commissioner for Human Rights, the Senat will work on compensation for the victimized in the People’s Republic of Poland, who did not have a chance to exploit such a right previously. It is for example about persons, who as a result of their fight for independence lost their job, or needed to hide [more].

The right to a fair trial

According to the provisions of the Code of Criminal Procedure, a court of appeal may return the case files to the first instance court, in order to complement the judgment justification. However, there is no possibility to challenge the judgment with a complemented justification again, and the same applies to complementation of an appeal lodged before the judgment complementation. The Commissioner for Human Rights turned to the Minister of Justice stressing that there are no adequate mechanisms guaranteeing fairness of trial [more].

Deadlines for challenging the local legal acts

The citizens have a right to challenge the local legal acts. However, the appeal is often submitted to the administration court after the due date. As results from numerous cases analyzed by the Commissioner, the source of the problem is posed by ambiguous regulations stipulated in the Local Government Law and the Act on Voivodeship Government. The Commissioner for Human Rights turned to the Minister of Internal Affairs and Administration, stressing the necessity to specify the regulations in such a manner that the citizens have a right to a fair trial, and do not suffer any damages arising from ignorance of the law [more].

EQUAL TREATMENT

Rights of guardians of the disabled

The Commissioner turned to the Minister of Family, Labor and Social Policy in relation to the designed solution of right to the unemployed benefit and pre-retirement benefit for persons, who take care of relatives with disabilities. Doubts expressed by the Commissioner for Human Rights pertain to the proposed regulations with the constitutional principle of equal treatment and social justice [more].

International Women’s Day

The Commissioner of Human Rights issued a statement in relation to the International Women’s Day 2016 [more].

HEALTH PROTECTION

Availability of therapy for patients suffering from rare diseases

Patients suffering from rare diseases are qualified for refunded treatment within the medicaments programs by the Ultra-rare Diseases Coordination Team, designated by the President of the National Health Fund. The Commissioner is concerned about the legal status and operation of the Coordination Team, based on internal regulations, and lack of the possibility to question its decision on exclusion from the medicaments program. The Commissioner presented his doubts in a letter to the Minister of Health [more].

A form of submitting the change-of-shift reports

For a long time, the self-government of nurses and midwives has been consequently submitting a postulate calling for regulation of the change-of-shit reports submission, which would permit both the written and oral form. Purpose for submission of the report between subsequent nursing shifts is first of all to provide health security to patients, but submission of the reports in just the written form is insufficient. The Commissioner turned with this issue to the Minister of Health [more].

Patients' data protection

Inspection from the Tax Office demanded patients details from a physician - proctologist (first name, last name, address). The doctor rejected the request, justifying his decision with the physician-patient privilege. He was imposed a penalty of 2000 PLN. The Voivodeship Administrative Court recognized the penalty as justified. The Commissioner for Human Rights submitted a cassation appeal, suggesting that the personal details of patients are a part of medical documentation, thus they are protected. The Supreme Administrative Court shared the Commissioner’s opinion and dismissed the judgment [more].

FOREIGNERS IN POLAND

Handbooks for Ukrainian

As a response to the letter of the Commissioner for Human Rights, the Ministry of National Education is actively involved in works that head towards preparation of handbooks for Ukrainian, as a language of national minority [more].

The issues of Ukrainian children’s education were also discussed by the Commissioner for Human Rights in the Subcaprathian region.

Calling for violence towards immigrants

The Commissioner for Human Rights monitors the course of preparatory proceedings in the case reported by the Association - Project Poland. The case is about a post published on Facebook by Mariusz Pudzianowski, who called for violence towards immigrants. As the District Prosecutor for Warszawa Śródmieście did not agree to initiate investigation, the Commissioner will analyze the files from the performed proceedings.

The Commissioner on the conference in the European Solidarity Center in Gdańsk

Anxiety against migration was the main topic of the first day of the conference entitled “Miasta Otwarte - Migracje a rozwój. Sukcesy, szanse, wyzwania”[”Open cities - Migrations and development. Successes, opportunities, challenges”], organized in the European Solidarity Center in Gdańsk. The evening debate was participated by the Commissioner for Human Rights – dr. Adam Bodnar During the second day of the conference, the speakers presented municipal integration strategies, they discussed the connection between economic growth and imigration, and deliberated the role of culture in the integration process [more].

RIGHTS OF THOSE DEPRIVED OF LIBERTY

On the problem of inmates with intellectual disability

As found out by the Commissioner, plenty of intellectually and mentally disabled individuals may remain in custody or penitentiaries, because nobody paid attention to their situation. A video with expert opinions, including those from the Commissioner for Human Rights’Office will help to attract attention to this problem [the video prepared by the journalists of Wirtualna Polska].

Council of Europe report on overcrowding in penitentiaries

Each year, the Council of Europe publishes statistics about overcrowding in penitentiaries in particular Council of Europe member states. Currently, about 1,600,000 persons are deprived of liberty in the whole Europe, what gives 124 of convicts per 100.000 residents. It means that population in penitentiaries of the Council of Europe states is on the decrease. Average daily cost of upkeep for one detainee amounts to 99 euro [more].

The juvenile isolation system

The fact that the Minister of Justice amended the regulation pertaining to the system of isolation in a youth correctional facility or a  detention center, does not eliminate the unconstitutionality of that regulation, and requires a decision issued by the Constitutional Tribunal. The Commissioner for Children’s Rights supported the Commissioner for Human Rights in this case [more].

OTHER ACTIONS UNDERTAKEN BY THE COMMISSIONER

Polish execution of the European Court of Human Rights’ judgments

The Commissioner supported the initiative undertaken by the Helsinki Foundation for Human Rights, and urged the Sejm Justice and Human Rights Committee to call a sub-committee for Polish execution of European Court of Human Rights’ judgments.  Realization of that postulate would contribute to improvement of the human rights protection standards in Poland, stipulated in international conventions [more].

The Supreme Bar Council about amendment of the Code of Criminal Procedure

- Passing the Act in such a shape would cause serious systemic complications, lack of cohesion between particular solutions of the Code of Criminal Procedure, and eventually serious complications in law application practice - this is a fragment of an opinion issued by the Supreme Bar Council, related to the governmental project for amendment to the Code of Criminal Procedure Act and some other acts. The document was submitted to the Commissioner for Human Rights [more].

Visit of Ukrainian non-governmental organizations

Stanisław Trociuk - Deputy Commissioner for Human Rights - met with the representatives of Ukrainian non-governmental organizations, who came to Poland for a study visit [more].

On community interviews carried out by guardians

The Minister of Justice responded to the application by the Commissioner of 31 December 2015. The Commissioner for Human Rights stressed the need for unambiguous determination of legal basis for authorization provided for the guardians to carry out community interviews [more].