Experts of the Committee on Economic, Social and Cultural Rights Congratulate Poland on Labour Participation and Employment Rates, Ask Questions on Climate Change Policies and Obstacles to Abortion
The Committee on Economic, Social and Cultural Rights today concluded its review of the seventh periodic report of Poland, with Committee Experts commending the State for the labour force participation and employment rates, while raising questions on what was being done to achieve goals in relation to climate change and obstacles to abortion.
Preeti Saran, Committee Expert and Cluster Leader, congratulated Poland on the situation of the labour force participation rate and the employment rate.
Joo-Young Lee, Committee Expert and Country Rapporteur for Poland, said the State party was heavily dependent on coal in its energy mix and greenhouse gas emissions had not changed significantly since 2001. What were Poland’s legally binding, time bound targets to reduce greenhouse gas emissions and increase the use of renewable energy to achieve its net-zero goal by 2050? What was the assessment of the adequacy of current adaptation measures to mitigate the impacts of climate change, including increasing heatwaves, droughts and floods on economic, social and cultural rights, particularly for people in vulnerable situations?
Peters Emuze, Committee Expert and Cluster Leader, asked if people who assisted in arranging an abortion by providing abortion pills, and doctors performing terminations in the early weeks of pregnancy or due to foetal anomalies, faced charges? Could women now obtain abortion apart from rape or incest, or if their life or health was at risk? Was the State party considering reinstating the previous right to abortion in the case of foetal deformities? The Committee had received information that a range of additional obstacles prevented women from accessing abortion, including complicated procedural requirements and lack of access to abortion facilities. Could the delegation comment on this?
Sebastian Gajewski, Undersecretary of State at the Ministry of Family, Labour and Social Policy of Poland and head of the delegation, presenting the report, said the labour force participation rate and the employment rate were on a steady upward trend, with Poland expected to reach the employment target set out in the European Pillar of Social Rights by 2030, ahead of schedule. The unemployment rate stood at 2.8 per cent in 2023, and 3 per cent in June 2024, which was the second-best result in the European Union.
The delegation said Poland supported the climate neutral economy. Renewable resources would account for more than 50 per cent of energy production in the country by the end of the decade. Between two and five per cent of gross domestic product would be allocated for activities in innovation by 2030. The Ministry planned to support the hydrogen economy, while also improving air quality. Electro-mobility would support transport decarbonisation.
The delegation said on 9 August, guidelines were issued regarding instructions for those who refused to perform an abortion. The questioning of a woman who consented to an abortion should be conducted with full respect to her dignity, avoiding any form of victimisation. Several actions had been taken to improve access to abortion procedures. In cases where abortion was permitted, hospitals were obliged to provide abortion services. Failure to do so resulted in a penalty.
In concluding remarks, Ms. Lee expressed gratitude to the Polish delegation for the detailed information and responses on the wide-ranging questions. The Committee was able to understand how the State party had been implementing the Covenant and its commitment to make further progress, as well as the challenges and obstacles in such endeavours. This was possible due to the delegation’s positive and constructive engagement with the Committee.
Mr. Gajewski, in his closing remarks, thanked the Committee for the dialogue. During the meeting, Poland had presented positive changes, and the Government would further develop these actions. The recommendations by the Committee would be carefully analysed and presented to Parliament. These would be taken into account in the elaboration of social policy and the shaping of specific solutions.
The delegation of Poland consisted of representatives from the Ministry of Labour and Social Policy; the Ministry of Justice; the Ministry of the Interior and Administration; the Ministry of Development and Technology; the Ministry of Climate and Environment; the Ministry of Health; the Ministry of National Education; the Chancellery of the Prime Minister; the Provincial Police Headquarters in Wroclaw; and the Permanent Mission of Poland to the United Nations Office at Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m. on Wednesday, 11 September, to begin its consideration of the third periodic report of Honduras (E/C.12/HND/3).
Report
The Committee has before it the seventh periodic report of Poland (E/C.12/POL/7)
Presentation of Report
SEBASTIAN GAJEWSKI, Undersecretary of State at the Ministry of Family, Labour and Social Policy of Poland and head of the delegation, said in the last few years, Poland and the world had faced an economic crisis due to the COVID-19 pandemic and Russia's armed invasion of Ukraine. The resulting economic slowdown, fall in gross domestic product, and rise in inflation had proven to be temporary. The labour force participation rate and the employment rate were on a steady upward trend, with Poland expected to reach the employment target set out in the European Pillar of Social Rights by 2030, ahead of schedule. The unemployment rate stood at 2.8 per cent in 2023, and 3 per cent in June 2024, which was the second-best result in the European Union.
Poland was among the countries with the lowest risk of poverty and social exclusion; however, the ageing population was a major concern. Therefore, the Government's activities focused on family, senior and health policy, as well as the support of persons with disabilities. Russia's military invasion of Ukraine had led to an unprecedented population movement, with 3.7 million Ukrainian citizens arriving in Poland within three months in 2022. The law on assistance to citizens of Ukraine in connection with the armed conflict on the territory of that country was adopted, which granted financial support, provided free access to public health services and the labour market, and enabled children to attend schools and kindergartens.
The universal child benefit was introduced in 2016, and from October 2024, the “Active Parent” programme would be implemented to support parents in their professions while bringing up their children. Since the ratification of the Convention on the Rights of Persons with Disabilities in 2012, the policy had been overhauled. In 2021, the Strategy for the Rights of Persons with Disabilities for 2021-2030 was adopted. The Act on Providing Accessibility to People with Special Needs required all public entities to meet minimum requirements for architectural, digital, information and communication accessibility.
Work was underway to introduce a new core curriculum for schools, oriented towards developing creativity and student well-being. A team was established to offer a new course on health education, covering mental and physical health, sex education, and addiction prevention. A flexible education system ensured that students with disabilities were included in all mainstream schools. In recent years, extensive digitisation of the healthcare system had been carried out, improving efficiency, quality and accessibility.
The “E-konsylium” project, consisting of remote highly specialised consultations in the diagnostics of lung diseases, haematology, oncology, cardiology and rare paediatric diseases, had been implemented since 2023. The law on support for pregnant women and their families for life of 2016 regulated support for women with high-risk pregnancies, as well as for children with severe disabilities or life-threatening illnesses.
Combatting all forms of discrimination was a key objective of the Government. The Minister of Equality was appointed in 2023 and a draft law on civil law partnerships was under development. The National Action Programme for Equal Treatment 2022-2030 was being amended to cover all marginalised and discriminated communities.
The Government was also focused on achieving energy and climate targets for 2030 and climate policy objectives for 2050, predominantly climate neutrality. The delegation would provide further information as requested by Committee Experts
Questions by Committee Experts
JOO-YOUNG LEE, Committee Expert and Country Rapporteur for Poland, said the Polish delegation consisted of a large number of members from different ministries, which showed the high level of interest and commitment of the State party in the implementation of the Covenant. Could the delegation clarify whether the Covenant was directly applicable by the courts in Poland, based on domestic jurisprudence? Were there trainings on the provisions of the Covenant targeting judges, parliamentarians, lawyers, law enforcement officials and other public officials? Had the State party considered acceding to the Optional Protocol to the Covenant on individual communications?
The Commissioner for Human Rights was accredited with A status by the Global Alliance of National Human Rights Institutions since 1999 and most recently in 2023. Was the full range of the functions of the Commissioner for Human Rights explicitly set out in law, and if not, did the State party have plans to do so? Had there been an assessment of the adequacy of the human and financial resources allocated to ensure that the Commissioner could effectively and independently carry out all functions? There were numerous cases before the European Court of Human Rights relating to the independence of the judiciary. What measures had the State party taken to ensure the independence of the judiciary, including the selection and appointment of judges?
The Committee had received information on cases of harassment, attacks, and intimidation against human rights defenders, in particular those advocating for women’s rights, lesbian, gay, bisexual, transgender and intersex rights, and those assisting asylum seekers and migrants. What measures were being taken by the State party to refrain from such acts and to ensure that human rights defenders and journalists were able to carry out their work in a safe and enabling environment?
Income inequality in Poland was on a downward trend between 2014 and 2022. Could information be provided about persons between the top 10 per cent and the bottom 40 per cent of the income scale, before and after taxes and transfers? What was social expenditure as a share of gross domestic product between 2017 and 2024? Had public spending on social security, housing, health, and education been affected by the radical increase in defence spending? What measures was the State party taking to ensure the effectiveness of anti-corruption bodies?
The Ministry of Equality was appointed in 2023 and the National Action Programme for Equal Treatment 2022-2030 was amended to cover all marginalised and discriminated communities, which the Committee welcomed. Was the State party also considering revising the Act on Equal Treatment to provide a comprehensive protection against discrimination? An amendment to the Penal Code had been prepared to provide protection for victims of crimes motivated by prejudice and hate speech based on age, gender, disability and sexual orientation. Could further information be provided on this legislative measure and its timeframe?
According to information received, persons with disabilities did not have equal access to education, health services, public buildings and transport. What had the State identified as the main challenges in ensuring the equal enjoyment of economic, social and cultural rights by persons with disabilities? Roma continued to experience discrimination in employment, housing, education, banking, the justice system, and the media. What were the key challenges in implementing the Programme for the Integration of the Roma Community in Poland 2014–2020?
The Committee appreciated that Poland had made enormous efforts to receive a large number of Ukrainian refugees and to provide access to social assistance. What measures had been taken to address the situation of Roma refugees from Ukraine? According to information, civil society organizations such as Medecins Sans Frontiers were not allowed access to the eastern border zone near the Polish-Belarusian border, leaving asylum seekers and migrants without access to basic services and medical care. What measures had the State party taken to ensure all persons in need had access to health care, food, and basic goods and services? What specific measures were in place to prevent government officials from engaging in hate speech against lesbian, gay, bisexual, transgender and intersex persons?
Responses by the Delegation
The delegation said the Covenant had a legal power the same as other sources of law. The legal power of the Covenant was higher than bills passed by the Polish Parliament. The Constitution declared that all sources of law, including international agreements, were directly applicable by Polish courts. The Optional Protocol to the Covenant was important, and a decision had not yet been made on whether to join the Protocol. Poland wished to observe how the complaints system worked and would decide afterwards.
Poland faced a risk of external danger which was why defence spending had increased. Spending on social policies had not been cut in recent years, but had risen. In the budget for the next year, the State decided to raise family allowances and pensions. The Ombudsperson had budgetary independence, and a budget which they proposed. A bill was established by the Government which could only be amended by the Parliament. Discrimination in every area of life was illegal in Poland. Homophobic and transphobic statements by politicians were in the past and were no longer accepted within the Government.
An act was introduced in 2024, which stipulated that members of the judiciary would be elected by other judges in a secret ballot. Legislation concerning hate speech was currently under review. In cases concerning activists, journalists and human rights defenders, each case was diligently analysed by the Ministry of Justice.
The Integration Plan for Roma Minorities for 2021-2023, aimed to improve their participation in education, housing and health services. There was a scholarship system for Roma students in schools, as well as education assistance. The programme had a high budget of 2.5 million euros, with 350 tasks implemented yearly. There was a focus on preschool support, and work programmes and training for the Roma minority; legal aid was also provided. Roma Ukrainian refugees were treated on the same legal basis as all refugees from Ukraine. Border guard officers carried out checks at the border on third country nationals and medical care was provided if necessary. If the doctor assessed that foreigners required hospitalisation, they were immediately transported to the hospital. All third country nationals had access to health care, and this was provided to all, regardless of their status.
There were three main acts in the Polish legal system involving accessibility. Special programmes were in place, including one which ensured free access to goods and services for persons with special needs, enabling them to participate in public life. Ensuring accessibility was a key factor of social policy.
Questions by Committee Experts
JOO-YOUNG LEE, Committee Expert and Country Rapporteur for Poland, said the gender pay gap was as high as 15 to 16 per cent in Poland’s private sector. What measures had the State party taken to address the gender pay gap and the under-representation of women in high-income positions, both in public and private sectors? Had Poland taken any measures to introduce a due diligence obligation for companies to ensure human rights and environmental standards in supply chains?
The State party was heavily dependent on coal in its energy mix and greenhouse gas emissions had not changed significantly since 2001. What were Poland’s legally binding, time bound targets to reduce greenhouse gas emissions and increase the use of renewable energy to achieve its net-zero goal by 2050? What was the assessment of the adequacy of current adaptation measures to mitigate the impacts of climate change, including increasing heatwaves, droughts and floods on economic, social and cultural rights, particularly for people in vulnerable situations?
The Committee was concerned about reports on the 2017 law which centralised the distribution of funds for civil society organizations. How would the State party respond to these reports?
A Committee Expert asked if the State party had a national monitoring mechanism for recommendations from international human rights bodies? What methodology was used to draft the periodic report? The Expert raised concern about the repeated use by the delegation of the term “illegal immigrant” which was not compatible with the rights granted by the Polish State to migrants. This term stigmatised and dehumanised immigrants, and had a negative impact when used in public discourse. Did the State recognise these persons as regular migrants or as illegal immigrants?
Another Expert asked how the preoccupation with Ukraine had impacted assistance to developing countries, which presently stood at 0.5 per cent of gross domestic income? Were there plans to increase the official development assistance to the United Nations approved target of 0.7 per cent?
A Committee Expert asked if a lawyer could make an explicit reference to a violation of a right protected under the Covenant in court? What would be the outcome and what kind of legal penalty could be imposed for such a violation?
One Committee Expert said Poland had taken up 3.7 million people from Ukraine. How much had this changed the budgets in Poland? What did this mean for the coming budgets? How would the State shoulder these costs?
Responses by the Delegation
The delegation said Poland supported the climate neutral economy. Renewable resources would account for more than 50 per cent of energy production in the country by the end of the decade. Between two and five per cent of gross domestic product would be allocated for activities in innovation by 2030. The Ministry planned to support the hydrogen economy, while also improving air quality. Electro-mobility would support transport decarbonisation.
Poland’s strong commitment and unwavering support to Ukraine was clearly demonstrated by the reception of many Ukrainian refugees. Poland not only accepted Ukrainian refugees but had allocated significant funds to their social services. Moreover, Poland had provided comprehensive assistance to refugees, issuing resident permits and ensuring access to education and healthcare. Poland remained in solidarity with Ukraine and had extended temporary support for another year. Accepting so many people in need presented many challenges, including financially. The State was currently developing a migration strategy for 2030, which would address the issues of definitions.
Non-governmental organizations were not consulted in the drafting of periodic reports, which were submitted under the sole responsibility of the Government. One of the main reasons non-governmental organizations were not consulted was because they were able to send their views directly, and they fully used this option.
The Covenant was taken into consideration in judicial decisions.
In Poland, equal work was entitled to equal pay. The Ministry of Justice was working on improving the gender balance among directors of listed companies. The draft law was under ministerial consultation.
Questions by Committee Experts
PREETI SARAN, Committee Expert and Cluster Leader, congratulated Poland on the situation of the labour force participation rate and the employment rate. What measures had been taken to address unemployment and under employment, particularly among women and persons with disabilities? What had been the impact of the National Action Programme for Equal Treatment 2022-2023 on closing the gender pay gap? What policy recommendations had been developed to make this programme effective? What specific steps had been taken for stateless persons who faced difficulties in obtaining resident permits, and accessing social assistance and employment opportunities?
The Committee had received reports of social stigma, misunderstanding and decreased chances of employment for people who used drugs. What steps had been taken to address this prejudice, to provide them with employment opportunities, and to overcome the legal and bureaucratic barriers for such people in accessing social benefits? What steps had been taken to regularise the status of workers in vulnerable situations, so that they could enjoy favourable conditions of work in line with the Covenant? Why had Poland not ratified several International Labour Organization conventions?
The Committee had seen reports that there were deficiencies in enforcing labour laws and decrees, including violations of failure to pay wages, delay in payment of wages, failure to pay for overtime work, and failure to sign labour contracts. This problem was aggravated for unregistered employment. What steps had the State party taken to address these problems? How was it ensured that the additional functions assigned to labour inspectors did not interfere with their main duty of protection of workers? How was it ensured that their cooperation with border guards did not prejudice their impartiality in their relations with employers and workers?
What measures had been taken to promote full employment for the long-term unemployed, including persons with disabilities and other disadvantaged groups? What measures had been taken to assist disadvantaged persons to access vocational education? What steps had the State party taken to prevent migrant workers from falling victim to abusive practices and conditions that amounted to forced labour, and to ensure their access to justice and remedies? What measures had the State party taken to address violations of trade union rights, including the demands of persons on strike over pay and working conditions? How did the State party ensure that the pension system was financially sustainable?
Responses by the Delegation
The delegation said the labour market in Poland was very strong, with the second lowest unemployment rate in Europe. Poland would change budgets for labour inspectors to make them stronger. The State would change the law on the promotion of employment. The main challenge was to create space for persons from vulnerable groups to join the labour market.
Working and being professionally active was important for persons with disabilities, and the Polish Government recognised this. The State fund for rehabilitation provided assistance in finding a job, subsidised salaries of employees, and reimbursed obligatory social insurance contributions. The volume of public funds spent on this was significant. Wage subsidies were provided for labour market employees. The situation of the labour market was nearly equal between men and women.
There were more women employed than men in the justice system, with women making up 53 per cent of the system. Polish law provided solid protection for stateless persons, including the ability to obtain resident permits without a passport. Polish law granted Polish citizenship to children born in Poland whose parents’ nationality was unknown, thereby preventing statelessness in children.
Poland had analysed the International Labour Organization conventions on health and safety at work and needed to undertake additional analysis. This was ongoing, and it was hoped the results would be obtained in a few months. The convention on collective bargaining could not be ratified with Polish law as it currently stood. The convention on domestic workers had been analysed, and the State realised they were not in a position to ratify it. This was because domestic workers were limited in Poland and not referred to directly in the Labour Code.
The issue of harassment was covered in the Labour Code. The Labour Inspectorate completed 61,000 visits to enterprises in 2023. In 25 per cent of cases, irregularities were identified. Sexual harassment was covered in the Labour Code and in the Equal Treatment Act. Anyone who was not covered by the Labour Code was covered by the Equal Treatment Act. Under the Code, employers were obligated to provide trainings and other measures to prevent sexual harassment in their workplaces.
The stable situation of the labour market had resulted in the good position of the social insurance fund in Poland. Everyone who performed any activity in Poland was subject to social insurance, regardless of citizenship or origin. The social insurance system guaranteed equal treatment.
Questions by Committee Experts
PREETI SARAN, Committee Expert and Cluster Leader, said the minimum level of unemployment benefits was inadequate, as it fell below 40 per cent of the median income. What steps were being taken to address this issue?
An Expert said there were more than two million Polish workers abroad. What was the State’s approach to improving the situation of those in countries such as England, Ireland and Norway working in construction?
JOO-YOUNG LEE, Committee Expert and Country Rapporteur for Poland, said the Ministry of Justice had been considering the criminalisation of forced labour. What progress had been made on this front and what was the expected time frame? What measures had the State party taken to provide protection for workers with civil contracts? Had the State party set legally binding, time bound targets to reduce greenhouse gas emissions?
A Committee Expert asked what would be done when there was an obligation to the Covenant which conflicted with the State’s obligations under European Union regulations. Which one would prevail?
Responses by the Delegation
The delegation said the former members of uniformed services had a specific pension system, which was very favourable. Since 2008, the Government had developed a comprehensive web portal to provide information on legal and practical aspects of moving to Poland. Poland’s national recovery plan included a reform which covered social insurance for civil law contracts. The State aimed to improve social protection and the future benefits pension.
Regarding European Union law and the Covenant, this was a hard case. Taking the Constitution into account, the Covenant was a ratified international agreement and the laws of the European Union had the same legal power. The State would deal with each case where this problem appeared individually. Ratified international conventions had a strong position in the domestic legal system and were applied directly in the courts.
Questions by Committee Experts
PETERS EMUZE, Committee Expert and Cluster Leader, asked for information on the effectiveness of the State party’s Act of 30 April 2020 amending the Code of Civil Procedure and certain other laws, such as the law on countering domestic violence? Had the State party taken measures to adopt the European Union directive on combatting violence against women and domestic violence, and incorporated measures relating to prevention, protection, support for victims, access to justice, and prosecution of perpetrators? Did Poland plan to address the reportedly insufficient protection and compensation for victims of psychological violence?
Given that housing prices in Poland were 18 per cent higher than a year ago in the first quarter of 2024, what measures had the State party put in place to reverse its 13 per cent annual rise, which was the highest in the European Union bloc? How was home ownership, including access to affordable housing, supported in Poland? Had the State party drawn up the implementation measures for homeless people in the voivodeships in 2022 and the second quarter of 2023?
What measures were being taken to combat poverty, including among women, older persons, single parents and refugees? The Committee understood there was a large disparity in living standards between regions and between urban and rural areas. What concrete plans were in place to raise those areas lagging behind? How would the State protect food production in the future, so Poland could continue to contribute to feeding the world?
Despite reductions in mortality in recent years, what had the State party done to reduce mortality caused by ischemic heart disease and stroke, which remained one of the main causes of death in 2019? What plans were in place to address the high levels of cardiovascular disease in the country?
Did people who assisted in arranging an abortion by providing abortion pills, and doctors performing terminations in the early weeks of pregnancy or due to foetal anomalies, face charges? Could women now obtain abortion apart from rape or incest, or if their life or health was at risk. Was the State party considering reinstating the previous right to abortion in the case of foetal deformities? The Committee had received information that a range of additional obstacles prevented women from accessing abortion, including complicated procedural requirements and lack of access to abortion facilities. Could the delegation comment on this?
Had Poland overcome significant challenges to mental healthcare, including ensuring access to mental health services and eliminating stigma? Had the State increased the numbers of psychiatrists and reduced long waiting times?
Responses by the Delegation
The delegation said Poland’s benefits increased each year in line with the annual price index. The draft act on the labour market and employment services planned to increase the benefits for people with less than five years work experience, which mainly applied to young people. The European Union had extensive legislation on working conditions abroad. Subcontracting rules were required to be in place for the construction sector. The main flows for working abroad were from Poland to Austria.
Poland was developing renewable energy sources using water and biogas. Adaptation activities were being carried out in rural areas, including in increasing the resilience of the agricultural landscape and increasing agricultural production.
The Supreme Audit Office conducted an audit of the National Freedom Institute in March this year and published a report. The audit criticised the previous head of the institute. This year the new head of the institute was chosen as part of as open recruitment process. The new head declared he would implement the recommendations made by the audit and had already implemented positive changes in the donation process for non-governmental organizations.
Amendments to the Domestic Violence Act had been made, including the implementation of the Istanbul Convention. In 2023, there were around 60,000 perpetrators of domestic violence, with around 80 per cent being arrested by the police. Judges working with children were obligated to participate in specialised training.
The European Directive on Violence against Women was adopted this year and entered into force in June. Polish criminal law would be amended to implement the directive in regard to cyber violence. Victims of domestic cyber violence had access to support provided by the Domestic Violence Act. Polish authorities were aware of the ongoing problems of violence against children. All activities under the action plan were coordinated by the Ministry of Justice. The objectives of the plan included raising awareness of crimes, improving coordination between government and non-governmental institutions, and implementing conduct of procedures of cybercrimes involving children. Victims of psychological violence had access to justice under the Polish Civil Code and could seek compensation in court.
Housing prices in Poland had recently increased significantly. This increase was influenced by external factors, which were temporary, including inflation and the huge influx of people from Ukraine. All these people from Ukraine were not accommodated in refugee camps, but in regular flats, among the rest of the Polish citizens. This had had an impact on the housing market, including its prices. Despite a significant increase in apartment prices in 2015, average wages had grown at a similar pace.
A report was prepared every two years which contained detailed information on the types of support provided to homeless people. The report indicated measures which contributed more to social inclusion, including street working. It also indicated the main directions of current policy measures on combatting homelessness. The main assumption of the policy was to move from institutional support to community support. In Poland, support for people experiencing homelessness was offered mainly in the form of social assistance; 31,000 people in a homeless situation had been identified through a survey, with 80 per cent of them being men. The number of homeless people had remained stable over the past seven years.
In 2022, the national cardiovascular programme up to 2030 was launched, which included actions to improve the coordination of care for cardio patients. This included better coordination between in-patient and out-patient care. A pilot programme was underway which introduced coordinated care for patients.
On 9 August, guidelines were issued regarding instructions for those who refused to perform an abortion. The questioning of a woman who consented to an abortion should be conducted with full respect to her dignity, avoiding any form of victimisation. Several actions had been taken to improve access to abortion procedures. The Ministry of Health had decided to amend the regulation on general terms for the provision of health care services. In cases where abortion was permitted, hospitals were obliged to provide abortion services. Failure to do so resulted in a penalty.
Mental health was one of the main health priorities in Poland. Since 2019, reforms of the mental health system had been implemented. The issue of fighting stigma was one of the main goals of the mental health programme. Mental health centres were established to avoid long waiting times and provide urgent care. The number of psychiatrists in Poland was increasing every year, and was one of the most popular choices for specialisation among young doctors. Psychiatric care was also being prioritised financially. Funding had increased by almost 200 per cent since 2015.
Questions by Committee Experts
A Committee Expert said drug use in Poland was criminalised. Harm reduction services did not exist in prisons which was very worrying. What was the availability of harm reduction measures for drug use in general?
JOO-YOUNG LEE, Committee Expert and Country Rapporteur for Poland, said a draft law on civil law partnership was under development, which the Committee welcomed. What was the expected time frame of this legislative work? Did it guarantee the same rights for same sex couples as heterosexual couples? Did the State party have any plans to review its policies concerning drug use. Was it working to amend the relevant law to expand access to safe abortion? The Committee was pleased to hear that the State party had made an amendment to the relevant law to strengthen the position of victims of domestic and gender-based violence. What steps were being taken to change perceptions of gender-based violence in the public sphere?
PREETI SARAN, Committee Expert and Cluster Leader, said the Committee had received information that the wealthiest 20 per cent of the State party’s population received the same share of social security transfers as the poorest 20 per cent. Was this correct? If so, were there plans to adjust social security transfers so they were more balanced?
A Committee Expert said the Committee was concerned about cases involving migrants and migrant workers who travelled to Poland to work, but had to pay bribes to obtain work permits. The State was duty bound to protect workers from corruption. What was the State doing to protect the human rights of migrants?
Another Expert asked what financial support the State was providing to women who were victims of domestic violence and had to leave their homes? Polish citizens born abroad to parents in same sex relationships did not have the same rights as those with heterosexual parents. What was being done to change this?
Responses by the Delegation
In response to these questions and others, the delegation said that fighting addiction was a priority in public health policy. Detoxification services were provided for people with addictions free of charge.
The Civil Partnership Act stipulated that there were no differences between same sex couples and heterosexual couples. Access to marriage was still only applicable to heterosexual couples. Children of same sex couples had the same rights if they had Polish certificates and identification. The issue was that certificates were not transcribed into the Polish registry. Stereotypes concerning gender-based violence were spread throughout Polish society and overturning them had not been a priority until last year. The Government had tried to correct the perception of domestic violence by officials by organising training. There was no direct financial support where the criterium was being a victim of domestic violence. There was only social support for those in need when it came to their income level.
Poland had a special plan adopted every few years by the Ministry of Foreign Affairs, which contained many activities, including promoting the social and cultural rights of members of the diaspora.
Questions by Committee Experts
SANTIAGO MANUEL FIORIO VAESKEN, Committee Expert and Cluster Leader, asked how many schools had benefited from the Active Blackboard programme since 2020? Was there equal access? Had the programme been adapted to meet the specific needs of children with disabilities? How was the use of equipment and materials provided to schools monitored? A government programme had been launched to help students return to schools after the pandemic, which included classes in ethnic regional and minority languages. What was the name of the programme? What languages were provided as part of that programme?
To what extent had scholarships in the programme for the social and civic integration of Roma in Poland met the demands of the Roma population? What were the forecasts of continuing with scholarships for Roma children? Did the State have information which enabled the improvement of the scholarship system? How had Roma children been integrated into the education system? How many teachers had been trained in minority languages? How was it ensured they were in the areas required? What role was played by Roma families and communities in implementing these educational programmes? What were the causes of dropout from education and what was being done to tackle it? What measures had been taken to increase the amount of assistance to Roma in schools in the places it was most needed?
The Committee had received information that inhabitants of Silesia were not recognised as a minority, nor was their national language. Did the State think such recognition was relevant? What would be done to ensure everyone could take part in the cultural life of the nation without discrimination? What kind of public investment would be made available to ensure minorities could exercise their rights?
Responses by the Delegation
The delegation said persons who were not Polish citizens and did not know the Polish language well enough to benefit from education had the right to receive assistance from the school. Roma children were obliged to undertake additional language education in the Polish language. Mental and emotion support was provided to Roma children at educational institutions. In the fourth quarter of last year, there were 77 Roma education assistants employed within schools. Supporting preschool education was a priority task for the Ministry of Education. In 2023, formal teacher training was implemented aimed at expanding competence in the area of diversity, pertaining to the equal treatment of children and young people with diverse educational needs. A programme had been implemented to equalise education for children from rural areas, which had been extended to 24 schools.
The rights of national and ethnic minorities were regulated by law in Poland. The socio-economic situation of minorities did not differ from other social groups. There were 13 different groups of ethnic minorities in Poland. The Polish Government had full sensitivity towards the Silesian community. The act on Silesian language recognition had not yet come into force. In the 2021 National Census, the self-declaration of ethnic minorities made up around 1.5 per cent of the total population. Minorities received annual funding for their activities.
The Government was fully aware that the Roma minority was in the worst situation. For this reason, the Government had prepared integration strategies for Roma for the past 25 years. Educational tasks absorbed approximately 70 per cent of the project’s budget, covering support for preschool and elementary education. The number of Roma minority children attending secondary schools had been gradually rising over the years. Roma culture was well preserved in Poland.
Questions by Committee Experts
SANTIAGO MANUEL FIORIO VAESKEN, Committee Expert and Cluster Leader, said there appeared to have been interference applied by political actors to enforce the teachings of some sensitive issues. Were there legal measures that enabled the State to guarantee academic freedom in universities? What concrete measures would the State take to address the widespread shortage of teachers? Did teachers have a public progression plan? Why was education provided in detention centres not considered sufficient? How was the effectiveness of these programmes assessed? Would measures be adopted to remedy this situation?
JOO-YOUNG LEE, Committee Expert and Country Rapporteur for Poland, said yesterday the Committee had heard from the delegation that there was a consultation process with civil society organizations, but the State party had changed this. Was the State party considering reviewing this decision again?
A Committee Expert asked if the State had implemented the recommendation on the need to condemn all manifestations of ethnic intolerance and hostility in political discourse and media?
Responses by the Delegation
The delegation said the rules for admitting foreigners to school were prescribed in the 2016 education law. There were no special solutions for children of migrants. Children could benefit from education regardless of their residence status in Poland. Lessons were conducted in detention centres by teachers from local schools. Children were provided with all necessary school materials and textbooks. Border guards who had received a pedagogical education conducted recreational and sports classes. The detention centres were staffed with members of an educational section of officers who organised a wide range of culture of activities. Particular attention was paid to cultural sensitivity and awareness.
The Government attached great importance to cooperation with non-governmental organizations. There were many ways where they cooperated to form policy on economic, social and cultural rights, in line with the instruments ratified by Poland. In this case, the aim was to find the best way to engage with dialogue on cultural and social rights. The Polish Constitution declared a huge catalogue of human rights and freedoms, including social, economic and cultural rights. Poland was committed to respecting human rights emanating from the Constitution and the Covenant.
Concluding Remarks
JOO-YOUNG LEE, Committee Expert and Country Rapporteur for Poland, expressed gratitude to the Polish delegation for the detailed information and responses on the wide-ranging questions. The Committee was able to understand how the State party had been implementing the Covenant and its commitment to make further progress, as well as the challenges and obstacles in such endeavours. This was possible due to the delegation’s positive and constructive engagement with the Committee. Ms. Lee thanked everyone who had made the dialogue possible. The Committee sincerely hoped the dialogue and the observations which would follow would help advance the realisation of economic, social and cultural rights in Poland.
SEBASTIAN GAJEWSKI, Undersecretary of State at the Ministry of Family, Labour and Social Policy of Poland and head of the delegation, thanked the Committee for the dialogue. During the meeting, Poland had presented positive changes, and the Government would further develop these actions. The recommendations by the Committee would be carefully analysed and presented to Parliament. These would be taken into account in the elaboration of social policy and the shaping of specific solutions.
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