Commissioner for Human Rights

Newsletter Commissioner for Human Rights in Poland 10 - 14 September 2018

MAIN MATTERS

In connection with the case of Artur K. accused of committing a murder when on prison leave, which case got a lot of media coverage, the Commissioner issued a statement about activities taken by the CHR Office with regard to prison leaves. (more)

THE COMMISSIONER ON CITIZENS’ ISSUES

At present, as a result of taking a small loan one may lose one’s apartment. In reply to the CHR’s application, the National Council of Notaries declared its support for the prohibition of loans secured by mortgage on properties whose value is much higher than the loan. (more)

For years, low quality of food for hospital patients has been a problem unresolved by the healthcare system. The Commissioner has addressed the Minister of Health again with regard to the issue. (more)

On 11 September 2018, MPs from the Committee on Senior Policy heard the CHR’s report on the situation of senior persons, presented by Deputy CHR Sylwia Spurek. The 60 points of the report present the main issues that require attention, as well as related recommendations and ideas. (more)

People who wish to undergo treatment with the use of medical marijuana may have no access to the therapy because only one cannabis-based drug has been approved for sale in Poland. The Commissioner has addressed the Minister of Health with regard to the matter. (more)

The prosecutor’s office has terminated the investigation concerning violation of physical integrity of the women who protested during the March of Independence in Warsaw on 11 November 2017 and claimed to be kicked and pushed. The Commissioner has requested the prosecutor’s office for a copy of the decision to terminate the proceeding, together with an indication whether it is legally binding. (more)

Sensitive health data of a person who submitted a constitutional complaint were disclosed in the Constitutional Tribunal’s judgment. The Commissioner has reported the irregularity to the President of the Office for Personal Data Protection, and has requested an opinion of the head of the Legal Service Office of the Constitutional Tribunal’s Chancellery. (more)

Police officers are not always aware that rubber bullets may not be shot from a distance of less than 50 m. The issue is not regulated by the police regulations either. The use of rubber bullets from a shorter distance poses risk to human health and life. The Commissioner has addressed the Police Commander in Chief with regard to the matter. (more)

The Minister of National Education has replied to the CHR’s inquiry concerning the changes in the system of individual tuition for children with disabilities. The Ministry is focused on conducting an intensive training system for heads of educational institutions. It also plans numerous visits to schools to check how the change is being implemented. (more)

LEGISLATION

The restrictions on the sale of agricultural land do not apply to enforcement cases initiated prior to the entry into force of the amendment to the Act Structuring the Agrarian System, replied the Supreme Court in response to the legal question supported by the CHR. (more)

Since 1 October, universities will be required to conclude lifetime contracts with scientists who are also judges of the Constitutional Tribunal, the Supreme Court or the Supreme Administrative Court. In his address to the Minister of Science and Higher Education, the Commissioner noted that the solution violates three constitutional principles. (more)

On a plot of land, there has been a power line pole for fifty years. The plot owners were seeking a cash compensation for its placement there, but they lost the case in a court. The court ruled that already in the 1980s, the State Treasury obtained the right to the pole, which was then taken over by the power company. The Commissioner joined the proceedings before the Constitutional Tribunal regarding the constitutional complaint of the plot owners. (more)

A member of the Solidarity trade union may not at the same time be a member of another trade union except of the Solidarity Independent Farmers’ Union (NSZZ Rolników Indywidualnych S). In his address to the chairman of the Solidarity union’s National Committee, the Commissioner expressed his doubts regarding the inclusion of such a provision in the union’s statutes. (more)

THE CHRONICLE

At the CHR Office, awards were handed over to authors of the winning projects of the third edition of the competition for programmes for senior persons. The projects have been described in the Gold Paper on Good Practices for Social Inclusion of Older People. (more)

The crisis of civil awareness and the living in the continuously changing legal environment were the main problems raised during the conference of the Mazowsze Region’s Forum of Publicly Trusted Local Governments. Adem Bodnar took part in the meeting. (more)

The Commissioner met with representatives of Ukrainian non-governmental organizations that defend human rights. The leading theme of the visit was the support to political engagement of minorities and the increase of their conscious participation in the society’s life. (more)

Adam Bodnar  took part in a discussion panel on the independence of Polish courts. The event accompanied the Warsaw conference entitled Human Dimension Implementation Meeting. (more)

The Commissioner for Human Rights  met with Liudmyla Denisova, the Ombudsman of Ukraine. The talks focused on the cooperation between the ombudsman institutions of the two countries. (more)