Newsletter 26 October – 1 November 2016
MAIN MATTERS
The European Network of National Human Rights Institutions supports the Polish CHR
- ENNHRI calls on all stakeholders to take immediate action to provide the necessary resources to the Office of the Commissioner for Human Rights to ensure that it can independently exercise its mandate, in accordance with the Paris Principles of the United Nations, says the statement of the European Network of National Human Rights Institutions [more].
The CHR’s competition for lower-level and upper-level secondary schools
The Commissioner for Human Rights has launched a competition for students of lower-level and upper-level secondary schools for the best for multimedia interpretation of the Constitution. The closing date for submissions is 16 November [competition details].
THE COMMISSIONER ON CITIZENS’ ISSUES
Families of victims of the Smolensk disaster may apply to the court against the exhumations
The Commissioner has addressed a letter to Deputy Prosecutor General Marek Pasionek indicating that the families of the victims of the Smolensk plane crash disaster have the right to apply to the court against the exhumations of their relatives’ bodies [more].
Borrowers should be better informed of their rights
In 2017, the CHR and the Financial Ombudsman will carry out a joint campaign relating to the problems faced by borrowers, including liability before the courts, was agreed in a meeting at the CHR Office.
Disputes over child custody: the CHR receives complaints relating to cross-border situations
The website rpo.gov.pl contains information on disputes over child custody, in which parents turned to the CHR for assistance [more].
LEGISLATION
The Minister of Justice agrees with the CHR: provisions on hearings of rape victims should be changed
The provisions on conducting hearings of victims of rape will be amended so as to limit the time between the notification of the offence and the hearing by the court, declared the Ministry of Justice in reply to the application by the CHR [more].
Residents will be better protected against noise from large-scale events
Following the application by the CHR, the Ministry of Environment announced changes to the legislation on the holding of mass-scale events. The changes are aimed at better protection of cities’ residents against noise pollution [more].
May a detained person contact his/her lawyer by telephone?
The CHR receives complaints from persons in pre-trial detention who are not allowed to use a telephone to contact their lawyers. The Commissioner asked the Minister to present his position on the issue [more].
The Commissioner on individual interpretations of tax legislation
On 1 January 2016, legislation was introduced which allows the Minister of Finance to revoke an individual interpretation if it is inconsistent with the commonly binding interpretation issued under the same legislative framework. Such a solution raises significant doubts of the CHR who has asked the Minister to take a position on the issue [more].
The CHR says probation officers should know more about problems of persons with disabilities
According to the CHR, probation officers need to know more about the problems of persons with disabilities. This would be helpful in conducting community interviews. The Commissioner has referred the matter to the National Council of Probation Officers [more].
Why are the Customs Service officers’ pension rights different than those enjoyed by the other uniformed services?
The Commissioner receives complaints from Customs Service officers concerned about difficulties in the enforcement of the Constitutional Tribunal’s judgement according to which this professional group should enjoy the same social security rights as, e.g., police officers. The CHR has requested the Minister of Finance to provide information on the enforcement of the Constitutional Tribunal’s judgement [more].
THE CHRONICLE
Discussion on the CHR’s budget
Commissioner for Human Rights Adam Bodnar presented the draft budget for 2017 to the Sejm’s Justice and Human Rights Committee [more].
Keeping the memory of Commissioner for Human Rights Janusz Kochanowski
Employees of the CHR’s Regional Office in Katowice laid flowers on the grave of Dr Janusz Kochanowski, Commissioner for Human Rights in 2006-2010 [more].
Adam Bodnar takes part in the XXI Silesian Regional Seminar
The current migration crisis was discussed by CHR Adam Bodnar at the XXI Silesian Regional Seminar held in Kamień Śląski [more].
The CHR in Katowice
– It is not easy to develop positive feelings towards the judiciary. For most people, the issue of judicial independence is an abstract concept and thus it is hard to convince them that something is going wrong. Yet, the courts are unable to defend themselves and they need people’s help - said Adam Bodnar at the debate “Why do we need independent judges?” at the University of Silesia [more]. On the same day the CHR took part in the debate “Does citizenship have gender?” [more].
The police to fight hate crime
A representative of the CHR Office took part in a working meeting on the issue of hate crime, held at the National Police Headquarters’ Criminal Investigations Department [more].