V periodical Report of the Republic of Poland on the Implementation of the Provisions of the International Covenant on Civil and Political Rights for the Period from January 1995 until 1 October 2003 contents



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V Periodical Report of the Republic of Poland

on the Implementation of the Provisions

of the International Covenant on Civil and Political Rights

for the Period

from January 1995 until 1 October 2003

October 2003
CONTENTS



PART I 7

New Constitution 7

Provisions of the Covenant in the light of constitutional principles 8

International obligations of the Republic of Poland in the area of human rights in the period under consideration 9

PART II 11

Article 1 – Peoples' right of self-determination 11

Article 2 – Implementation in the domestic legal order. Prohibition of discrimination. 11

Prohibition of discrimination 11

Protection granted by courts 12

Ombudsman 13

Direct application of the Covenant 14

Possibility of the use of international mechanisms of legal protection 14

Human rights training programmes for representatives of public authorities 15

Dissemination of the knowledge on human rights and their implementation in the society 17

Article 3 – Equal status of women and men 18



Political life 19

Participation of women in the Parliament 19

Participation of women in local self-government 20

Participation of women in the Government and local organs of government administration 21

Participation of women in other major organs and decision making bodies 21

Economic and social life 21

Prohibition of discrimination at the stage of employment 23

Protection of pregnant women 24

Maternity leave 25

Child rearing leave 26

Remuneration 27



Old-age pensions 29

Article 4 – Public emergency 30

Article 5 – Principles of interpretation of the provisions of the Covenant 32

Article 6 – Right to life 32



Abolition of the death penalty 32

Prohibition of killing 33

Creating conditions for a dignified life 33

Abortion 35

Family planning, sexual education and access to contraceptives 36

Article 7 – Prohibition of torture 37



National Remembrance Institute (IPN) 38

Elimination of the abuse of junior soldiers – the so-called wave phenomenon 38

Aliens detained at border checkpoints at airports 41

Article 8 – Prohibition of slavery 43



Prohibition of forced or compulsory labour – exceptions 43

Labour of persons deprived of liberty 44

Trafficking in human beings 44

Police 48

Border Guard 50

Article 9 – Liberty and security of person 51



Preliminary detention 51

Sobering-up centres 54

Compensation 55

Independent system of monitoring 55

Civil security 56

Domestic violence 57

Violence against children 62

Sexually motivated crimes 64

Article 10 – Right of detainees to be treated with humanity and dignity 64



Penitentiary supervision and monitoring 65

Right to submit petitions, complaints and requests 68

The question of violations of the law by officers of the Prison Service, the Police and other services 69

Size of cells 70

General conditions of stay of prisoners 72

Conditions in police rooms for arrested persons 73

Remand houses and shelters for minors – Institutions for minors 73

Article 11 – Prohibition of detention for debt 76

Article 12 – Freedom of movement 76

The Law of 13 June 2003 on Aliens 76

The Law of 13 June 2003 on Granting Protection to Aliens within the Territory of Poland 79

Refugee status 79

Asylum 81

Tolerated stay 82

Temporary protection 82

Repatriation 83

Statistical information 83

Article 13 – Protection of aliens and stateless persons against arbitrary expulsion 84

Article 14 – Right to a fair trial 86

Constitutional complaint 87

Practical implementation of the right to a fair trial 87

Extension of competences of common courts 88

Extension of the cognition of the Chief Administrative Court 88

Reform of the judiciary 90

Complaint on the unreasonable length of proceedings 93

Scope of jurisdiction of military courts 96

Article 15 – Prohibition of retroactive criminal laws 96

Article 16 – Right to legal personality 97

Article 17 – Right to privacy 97



Surveillance 98

Police 98

Border Guard 99

Agency of Internal Security and Intelligence Agency 99

Internal revenue control 100

Article 18 – Freedom of thought, conscience and religion 100



Registration of churches and religious organisations 101

Monitoring new religious movements 102

Financing publications related to sects 104

Religious education in the school 105

Substitute military service 106

Article 19 – Freedom to possess and express opinions 109



Access to public information 109

Access to medical documentation 110

Article 20 – Prohibition of propaganda for war and advocacy of national, racial or religious hatred 111

Article 21 – Freedom of assembly 113

Article 22 – Freedom of association and trade unions 113



Freedom of association 114

Political parties 114

Trade unions 115

Article 23 – Protection of marriage and the family 117



Contracting a marriage 117

Divorce and separation 118

Equality of rights 119

Article 24 – Rights of the child 119



Ombudsman for Children 120

Right to life in the family – foster care 121

Prohibition of the use of corporal punishment 122

Draft amendment to the Law on the Education System 123

Supplementary meals for children 124

Health care 125

Registration of children 127

Citizenship 127

Article 25 – Civil rights 128



Assistance measures for the disabled and other persons in a specific life situation 130

Access to the public service 131

Article 26 – Equality before the law and equal legal protection 131



The Labour Code 132

Sexual harassment 132

Employment 133

Criminal law regulations 133

Combating corruption 134

Disabled persons 135

Extending the competences of the Plenipotentiary for an Equal Status of Women and Men 136

Article 27 – Protection of minorities 137



National Population and Housing Census 137

Statistical information 137

Constitutional and under-constitutional guarantees for minorities 139

Supporting the development of minority culture 140

Team for National Minorities 141

Pilot government programme for the Roma community in the Voivodeship of Małopolska 142

International cooperation 143

Annex 1 145

Annex 2 147

Annex 3 150

Annex 4 157

Annex 5 161

Annex 6 163

Annex 7 171






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