Commissioner for Human Rights

Newsletter Commissioner for Human Rights in Poland 28 January – 1 February 2019

CASES IN COURTS

Another extraordinary complaint to the Supreme Court: 20 years ago, in a single case the court issued two divergent judgments concerning inheritance. (more)

The CHR questions the courts’ approval of a Ukrainian citizen’s extradition to Russia. (more)

Ms Elżbieta was refused a council flat because of the fact that she is a half-owner of a house where her husband, who used to abuse her, lives. She also owns two farming land plots. She lost her case in the court, despite the CHR’s support. (more)

In the town of Zbąszyń, people may not enter parks and other public spaces with dogs, according to a resolution of the local municipal council. The CHR has challenged the resolution before an administrative court. (more)

People were supposed to pay property tax amounting to tens of thousands zlotys, although their land is used by a mining company that earns on this. The case was taken to the Supreme Administrative Court which supported the CHR’s arguments and issued a judgment in favour of the citizens. (more)

CIVIL RIGHTS

Domestic violence. The CHR has submitted to the Prime Minister proposed amendments to the law, aimed at increased protection of victims and at education of perpetrators. (more)

Children are excessively tired and discouraged from activities at school. They have no time to rest and to develop their passions. These are the effects of overloading them with homework, according to parents’ complaints regarding schools, that are received by the Commissioner. The CHR has called upon the Minister of Education to issue guidelines for teachers regarding the matter. (more)

Five changes proposed in the field of treatment of mentally ill prisoners: the CHR’s request to the Prime Minister. (more)

Demanding money refund, by the city of Sopot, to carers of adult persons with disabilities raises serious doubts of the CHR. (more)

The Commissioner is asking the government to explain why it has withdrawn its plans to establish a network of specialized day care centres for adults with autism. A petition pointing to the necessity to establish such facilities has already been signed by 83 thousand. people. The Commissioner has requested the Minister of Family and Labour to amend relevant regulations as needed. (more)

Discrimination on the grounds of religion at work can concern not only religious minorities but also representatives of the majority. Equal treatment at work, on the grounds of religion – a new survey and recommendations of the CHR. (more)

As part of their homework assignment, secondary school students were asked to submit applications for access to public information. They submitted seven of them to a police station that concluded this disorganizes their work. The head of the local police has replied to the CHR’s letter. (more)

Camera operators were refused access to the Sejm building because they were not “authorized by their employing news service”. If such an authorization is required under the Sejm regulations, then the regulations should be changed, wrote the CHR to the Sejm Speaker Marek Kuchciński. (more)

The Gostynin facility has been classified as a psychiatric facility where psychiatric observation may be carried out of patients who can pose a threat to others. The Commissioner for Human Rights has written to the Minister of Health, arguing, inter alia, that this is contrary to the facility’s role which was to conduct therapy of people placed there. (more)

Securing claims under civil law may not be a reason for placement, in the Gostynin facility, of a person in relation to whom proceedings are carried out to ascertain whether he/she poses a risk to others. This has been the Supreme Court’s opinion issued after examining the legal question in a case on which the CHR stated his position. (more)

LEGISLATION

Retirement pension for a parent of four children: fathers treated unequally, warns the RPO before a debate in the Sejm. (more)

What did the Government Plenipotentiary for Equal Treatment do in 2018? - information provided by minister Adam Lipiński. (more)

In February or March 2019, social consultations on the strategy for disabled persons for 2018-2030 are planned to start, according to the information provided to the CHR by the Government Plenipotentiary for Disabled Persons. (more)

Parents’ contacts with their children. Parents have divergent expectations of a court guardian who takes part in their meetings with their children. The CHR has requested the Minister of Justice to supplement and clarify relevant regulations. (more)

The rights of court security staff members to search the property of people entering courts are still not defined in any parliamentary act. In view of the fact that the Minister of Justice has not yet provided any answer concerning the matter, the CHR has requested the Prime Minister to take steps. (more)