Commissioner for Human Rights

Newsletter Commissioner for Human Rights in Poland 17 December 2018 - 4 January 2019

MAIN MATTERS

From 8 to 10 January, Commissioner for Human Rights Adam Bodnar will hold meetings with residents of the Lublin region and the Podkarpackie province, as part of the series of CHR regional meetings. Since taking his office in 2015, Adam Bodnar has talked to residents of over 150 places and has referred citizens’ matters to relevant authorities and courts. (more on the upcoming meetings)

Debate: judges under pressure. Can any lessons be drawn from the global experience? All those interested are invited to a meeting co-organized by the CHR Office and the INPRIS Institute for Law and Society on 10 January 2019 (Thursday) at 17.30 at the CHR Office, ul. Długa 23/25, Warsaw. (more)

The bill on amending the Act on Prevention of Domestic Violence was posted on the website of the Government Legislation Centre. Prime Minister Morawiecki withdrew the proposed bill after the stormy discussions on the media. The proposed amendments raised concern of many experts. Dr. Sylwia Spurek, deputy Commissioner for Human Rights explained why, in an interview for Onet.pl. (link to the interview)

Rights of seniors. Despite conducted inspections and imposed cash penalties, the number of unlicensed care homes where residents may be ill-treated is not decreasing. The governmental project aimed at preventing the irregularities has already been recommended for adoption by the Council of Ministers, states the reply to the CHR’s intervention letter regarding the matter. (more)

10 years for 400 zł. Mr Lucjan has been kept in a mental hospital for 10 years. He was placed there after stealing a bicycle worth 400 zł. His placement was based on an opinion issued by an expert who had never even seen the patient. (more)

No changes are taking place in the system of forensic experts. The Commissioner has sent a letter of intervention to the Prime Minister with regard to the issue. The problem has not been solved for years, and leads to court judgments unfavourable for citizens. (more)

Children's health. There are not enough places in psychiatric institutions for children, yet more such departments are being closed. The Commissioner warns the Minister of Health of the problem. (more)

Family rights in Kraków. Why does Kraków city ignore court judgments relating to disabled children’s commuting to school? The CHR has written to Kraków mayor Jacek Majchrowski. (more)

Protection against measles. The level of the population’s resistance to measles is already lower in Poland than the safe minimum level. According to the CHR, comprehensive information about the benefits of vaccinations is necessary. (more)

Disco-polo music every weekend? The CHR has written to the head of the district administration responsible for one of the villages in the Kujawsko-Pomorskie province, with regard to the protection of local residents against excessive noise levels. (more)

Prison cells for over 10 prisoners are going to be gradually closed, has announced the Prison Service in reply to the CHR’s postulate. (more)

The possibility to formally question an interpreter with regard to talks held by politicians may have a "freezing effect" that can paralyze international exchange, has warned the CHR. (more)

MIG-29 pilots are concerned about the safety of their aircrafts and people on the ground; the CHR warned the Minister of National Defense. (more)

Assistance to seniors at banks. People complain to the Commissioner that banks do not recognize their notarized powers of attorney. As a result, older people, people with disabilities or with mobility problems, or ones staying in hospitals cannot get access to their money. The CHR has referred the matter to the National Council of Public Notaries. (more)

There are difficulties with getting the 500+ child benefit when a child’s parent dies during the period of applying for the benefit. The Commissioner has written an intervention letter concerning the issue to the Minister of Family. (more)

The Commissioner has once again applied for amending the parliamentary act concerning the Gostynin Centre. Some persons are placed there although they have already served penalty for the crimes committed. The CHR repeats that solutions should be adopted to guarantee the respect for such people’s rights (more)

In 2003, Mr Andrzej lost his two sons in an avalanche in the Tatra mountains. He sued the teacher who organized the tragic trip for high school students, the sports club from the sons’ school, and the municipality of Tychy. The CHR has joined the civil court case lodged by Mr Andrzej. (more)

The Senate has received the CHR’s critical opinion on the parliamentary act intended to implement the EU "police directive”. (more)

Signatures made with the use of a tablet in order to confirm parcel receipt may constitute biometric data that is subject to special protection. The Commissioner has inquired the President of the Office for Personal Data Protection about the potential risks. (more).

The Constitutional Tribunal has not agreed with the CHR’s opinion. The provision that makes access to processed public information dependent on proving the existence of a significant public interest is consistent with the constitution , ruled the tribunal on 18 December 2018 in its judgment issued in connection with the constitutional complaint that was joined by the CHR. (more)

Have you missed the deadline to complain against the increase of the perpetual usufruct fee? You can still appeal against the increase to the Voivodeship Appeal Board, ruled the Supreme Administrative Court upon considering the CHR’s application regarding the matter. (more)

THE CHRONICLE

Everyone should have the sense of responsibility: the Commissioner’s statement regarding President Duda’s allegations that the CHR, the first president of the Supreme Court and some MPs express critical opinions on the compliance of certain parliamentary acts with the Constitution but do not submit related complaints about this to the Tribunal. (more)

The Office of the Commissioner for Human Rights has received a special “Golden Fan” prize awarded by the International Organization for Migration (IOM - UN International Agency for Migration) for consistent activities in support of the rights of migrants. (more)