36/14 Report of the Working Group on the Universal Periodic Review - Poland

GE.17-12108(E)



Human Rights Council Thirty-sixth session

11-29 September 2017

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Poland

* The annex is being issued without formal editing, in the language of submission only.

United Nations A/HRC/36/14

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-seventh session from 1 to 12

May 2017. The review of Poland was held at the 13th meeting, on 9 May 2017. The

delegation of Poland was headed by the Under-Secretary of State and Ministry of Foreign

Affairs, Renata Szczech. At its 17th meeting, held on 11 May 2017, the Working Group

adopted the report on Poland.

2. On 13 February 2017, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Poland: Hungary, India and Venezuela

(Bolivarian Republic of).

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Poland:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/27/POL/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/27/POL/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/27/POL/3).

4. A list of questions prepared in advance by Belgium, Czechia, Germany, Mexico, the

Netherlands, Norway, Sweden, Slovenia, Spain, Switzerland, the United Kingdom of Great

Britain and Northern Ireland and the United States of America was transmitted to Poland

through the troika. These questions are available on the extranet of the universal periodic

review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. Poland, a candidate for the 2020-2022 term of the Human Rights Council,

considered human rights to be an issue of utmost importance. Since 2001, Poland had

cooperated fully with all special procedures and continued to extend to them a standing

invitation to visit Poland at their convenience.

6. The national report of Poland had been drafted by the Ministry of Foreign Affairs on

the basis of contributions from various governmental agencies responsible for fulfilling

human rights-related obligations domestically. In drafting the report, Poland had strived to

make the entire process as transparent as possible, duly notifying members of parliament of

its course and organizing an information meeting with representatives of non-governmental

organizations (NGOs) to listen to any comments and concerns. Contributions had also been

received from the Ombudsman (Human Rights Commissioner) and the Ombudsman for

Children.

7. Since the previous review, in 2012, Poland had signed and ratified a number of

international conventions.

8. Poland was particularly concerned with protecting children’s rights. In 2015, major

amendments had been made to the Polish Family and Guardianship Code, elevating the

protection of children. Those changes had served to eliminate automatic decisions that limit

the custody rights of a parent during divorce or separation, and replace them with the

child’s guaranteed right to both parents. As such, decisions to restrict parental custody

rights were taken only in extreme circumstances.

9. The “Family 500+” programme had been introduced in 2016 to improve children’s

living conditions, in particular those who were most deprived, and to provide for the

disbursement of parental monthly benefits of approximately 500 zlotys (approximately

$125) for the second and each consecutive child in the family, household income

notwithstanding, and for the first child for families with a household income below a

certain threshold. The programme, which delivered funds to 3.8 million children in 2.56

million families, had lowered the relative poverty threat index by 4 per cent and the overall

poverty threat in the community of children under 17 by 50 per cent.

10. Poland considered protecting vulnerable groups, persons with disabilities, to be of

particular importance, hence why the Council of Ministers had adopted a resolution in

December 2016 concerning the so-called “For Life” programme of comprehensive support

for families. The programme assisted families that included persons with disabilities,

especially parents raising children with disabilities. It included solutions for assisting

pregnant women and their families, early assistance for children and their families and

support, rehabilitation and residential aid. Work was in progress to draft a strategy for

disabled persons for the period 2017-2030, to provide comprehensive support to such

persons at every stage of life.

11. Poland had successfully implemented a number of recommendations submitted

during the 2012 review cycle.

12. The Under-Secretary of State thanked all the States that had submitted advance

questions and responded to some of them.

13. In response to the questions raised by Mexico and the United Kingdom on securing

women’s rights, she stated that, between 2013 and 2016, Poland had implemented the

National Programme of Activities for Equal Treatment. This was a comprehensive

governmental strategy comprising action to support persons who had been discriminated

against or threatened with discrimination. Many initiatives within the Programme aimed to

improve the well-being of women and tackle the problems they faced. A decision had

already been made to continue the Programme in the years to come. The new edition was

expected to be finalized in the fourth quarter of 2017.

14. Concerning the question by Sweden on criminalizing hate speech related to gender

identity, sexual orientation or disability, it was reported that courts in Poland took into

account the perpetrator’s motivation when determining the type and level of penalty.

Pursuant to article 53 (2) of the Criminal Code, this included gender identity, sexual

orientation and disabilities.

15. Article 53 applied to all acts criminalized under the Code, such as causing bodily

harm or defamation. The provision in question was of a general nature and did not limit the

type of motivation that had to be taken into account by the courts. Article 212 included

provisions that criminalized the slander of a person or a group of persons in relation to

conduct or traits that might discredit him/her/them in the face of public opinion, or result in

a loss of confidence necessary to engage in certain activities. Those provisions also applied

to slander on the grounds of gender identity, sexual orientation and disabilities.

16. Regarding the so-called secret prisons of the United States Central Intelligence

Agency, numerous requests for international legal assistance had been filed and

plenipotentiaries of victims had been provided with access to case files, although the status

of part of the ongoing investigation was classified. The plenipotentiaries participated in

selected proceedings and exercised the rights of the victims. In addition, the Polish

authorities were actively seeking to obtain appropriate diplomatic assurances from the

United States authorities for the applicants.

17. In response to the question by Switzerland concerning media freedom, the National

Media Council Law of 22 June 2016 had appointed the National Media Council as an

authority responsible for supervising public media activities. The Law altered the form of

managing public media, excluding any government influence over the media or their

activities. Under the Law, the management boards and supervisory councils of all public

radio and television companies and of the Polish Press Agency were to be appointed by the

National Media Council. The Council comprised five members: three appointed by the

Sejm (lower house of parliament) and two by the President from among candidates

proposed by the opposition. Since initiating its activities, the Council had held open and

transparent competitions to select presidents of polish television and radio.

18. The United States raised a question on the criminalization of the use of the phrase

“Polish death camps” and the passing of a law for the restitution of private property to

individuals. On the criminalization of the phrase, the text of the proposed law included that

the illicit act should not be considered a crime if committed within the expression of artistic

or scientific activity. Freedom of research and artistic activity was thus explicitly protected

under the proposed law. Moreover, criminalization would apply only to claims that were

strictly “contrary to historical facts”.

19. Similar provisions already existed under the same law, providing for the

criminalization of the denial of Nazi German crimes. In that case, freedom of expression

was already constricted to a certain extent, for the sake of combating Holocaust denial. That

would be extended to encompass ascribing responsibility for the Nazi German crimes to the

Polish nation or State. However, the amendments were still proposals and not yet law, and

as such might be subject to change.

20. Despite no existing specific law on the subject, the restitution of private property

had been under way in Poland for over two decades. The existing legal system in Poland

made it clear that any legal or natural person or their heir was entitled to recover pre-war

property that had been seized unlawfully by either the Nazi German or the Soviet

occupation authorities or by the post-war communist regime. Claimants might proceed

through court and administrative procedures. The Polish legal system contained ample

provisions that enabled owners or their heirs to claim such property. The relevant legal acts

included the Civil Code, the Code of Administrative Procedure and the Law on the

Management of Property.

21. According to court or administrative procedures, damages could be paid out of the

reprivatization fund administered by the Ministry of Development. From the date it was set

up in 2001 until October 2016, the Fund had paid out damages totalling 2.3 billion zlotys to

4,792 natural and 77 legal persons. That sum included damages paid to persons claiming

enterprises to which property had not been returned in kind.

22. The delegation of Poland looked forward to a fruitful dialogue with all and would

listen to their comments and recommendations and try to respond to all of them.

B. Interactive dialogue and responses by the State under review

23. During the interactive dialogue, 72 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

24. Serbia encouraged Poland to continue to advance the human rights infrastructure and

devote particular attention to strengthening independent and oversight institutions. It noted

that fighting all forms of slavery remained a challenge.

25. Sierra Leone commended Poland for updating its national legislation on the rights of

migrants and human trafficking and encouraged it to address the rights of Roma peoples

and asylum seekers.

26. Latvia noted the concerns regarding the lack of adequate protection mechanisms for

victims of domestic violence. It asked about measures envisaged to ensure independent

broadcasting of the public television and radio services.

27. South Africa welcomed legislation towards a total ban on corporal punishment and

the ratification of the Convention on the Rights of Persons with Disabilities and the

Optional Protocol to the Convention on the Rights of the Child on communications

procedure.

28. Spain commended the ratification of the Convention on Preventing and Combating

Violence against Women and Domestic Violence (the Istanbul Convention). It encouraged

Poland to continue to ratify international human rights treaties.

29. Sri Lanka encouraged Poland to establish a multi-stakeholder institution against

discrimination. It requested Poland to share experiences and challenges in increasing

conviction rates on human trafficking cases.

30. The State of Palestine welcomed the steps taken with regard to business and human

rights, including the work on a draft national plan to implement the Guiding Principles on

Business and Human Rights.

31. Sweden recognized the decrease in poverty levels due to a new child benefit

programme to reduce poverty among children and their families, together with increased

minimum salaries, and a programme to promote affordable housing.

32. Switzerland noted with satisfaction of the ratification of several instruments and the

introduction of measures aiming at financially supporting families with children, hence

contributing to reducing poverty.

33. Timor-Leste commended the actions of Poland towards including civil society in the

review process, in particular the appointment of the Government Plenipotentiary for Civic

Society and amendments to the Criminal Code to define and penalize human trafficking.

34. Turkey welcomed the efforts undertaken through humanitarian aid programmes for

refugees and inquired about measures to remedy the situation of children belonging to

religious minorities not being offered classes in their own religion.

35. Ukraine commended the priorities outlined in the national report of Poland, in

particular those related to combating racial discrimination and xenophobia at various levels

of the Government and society.

36. The United Kingdom acknowledged the efforts by Poland in the areas of women’s

rights, modern slavery, violence against children, access to justice, police misconduct and

rights of persons with disabilities.

37. The United States remained deeply concerned about judicial independence. It urged

Poland to respect fully the principles of judicial independence, checks and balances and the

separation of powers between branches of government.

38. Uruguay encouraged Poland to ratify the International Convention for the Protection

of All Persons from Enforced Disappearance, including recognition of its Committee. It

welcomed measures to combat violence against women and the reporting record of Poland

to treaty bodies.

39. Albania commended the continuing commitment aiming to put in place an effective

cooperation mechanism within the public administration with respect to the principle of

equal treatment.

40. Algeria congratulated Poland for the progress made, including in the context of the

National Action Programme for Equal Treatment and in enhancing the rights of persons

with disabilities.

41. Andorra welcomed the signature of the Optional Protocol to the Convention on the

Rights of the Child on a communications procedure and the measures taken by the

Ombudsman for the Rights of the Child to promote and protect children’s rights.

42. Angola noted the ratification of human rights instruments and congratulated Poland

on its efforts to respect the rights of women through the implementation of the National

Action Programme for Equal Treatment.

43. Argentina congratulated Poland for the ratification of the Second Optional Protocol

to the International Covenant on Civil and Political Rights, aiming at the abolition of the

death penalty and took note of the part of the national report devoted to the fight against

racism.

44. Armenia commended the steps taken to combat hate crime and incitement to hatred,

in particular defining liability for incitement or public glorification of extermination of a

national, ethnic, racial and religious group.

45. Australia was concerned that women in Poland faced difficulties in gaining access to

safe and legal abortion. It was also concerned about rising hate speech and hate crimes,

including incidents against immigrants.

46. Austria commended the ratification by Poland of the Istanbul Convention but

remained concerned about the lack of effective legislation against discrimination and hate

crimes.

47. Bangladesh appreciated initiatives to combat discrimination against women and the

sexual exploitation of children and to enhance women’s participation in political and public

life, and commended institutional changes in relation to the equality of treatment.

48. Belarus appreciated the improvement of the methodology to identify the victims of

human trafficking but shared the concern of UNHCR regarding a sharp increase in

xenophobic and discriminatory attitudes towards asylum seekers.

49. Belgium acknowledged the positive measures taken to implement previous

recommendations, while noting a room for progress. It mentioned concerns raised within

the International Holocaust Remembrance Alliance regarding a draft law concerning the

memory of the Holocaust.

50. Bosnia and Herzegovina noted the activities regarding children’s rights, including

the ratification of the Council of Europe Convention on the Protection of Children against

Sexual Exploitation and Sexual Abuse.

51. Botswana appreciated the ratification by Poland of several international conventions

but was concerned about the continued prevalence of racial discrimination targeting persons

of African, Arab or Asian descent, including refugees and asylum seekers.

52. Brazil was concerned about the counter-terrorism law that might affect the right to

privacy. It welcomed the efforts towards poverty reduction among children and inquired

about re-establishment of an institution to prevent racial discrimination and xenophobia.

53. The delegation of Poland emphasized that Polish law observed the separation of

powers and the independence of the judiciary. The National Judicial Council was not part

of the judiciary and did not deal with individual cases. Furthermore, it was not a

disciplinary body and did not decide on any accountability or sanctions against judges. It

was a body that proposed to the President the candidates for judges. The draft law on the

National Council of Judiciary did not change the power of the Council.

54. Regarding children, the Ombudsman for Children’s Rights was a constitutional

body; a unique act of parliament had been passed on the treatment of children; criminal

penalties were not applied to them; family courts could only adopt measures to influence

their behaviour; and in 2012 Poland had amended the Family and Guardianship Code to

prohibit corporal punishment within the family.

55. Freedom of expression was guaranteed in the Constitution, and the European Court

of Human Rights had not identified violations of freedom of expression as systemic

problems in Poland. The Government relied on a 2006 judgment of the Constitutional

Tribunal that had invoked, inter alia, article 17 of the International Covenant on Civil and

Political Rights and had stated that the criminal accountability for defamation was an

indispensable measure for the protection of the honour and good name of other people.

56. The Government had taken extensive steps to reduce the length of court

proceedings, including by introducing a “managerial manner” that included training judges,

reforming court procedures and passing an act on complaints against undue delays of court

proceedings.

57. Concerning the legal protection granted to vulnerable groups, such as lesbian, gay,

bisexual, transgender and intersex persons and persons with disabilities, anti-discrimination

provisions should be considered as a system. Relevant provisions in the Civil Code

guaranteed broad protection of personal goods. Provisions to protect such groups were

contained in the Criminal Code and other regulations, as well as in the Act implementing

certain European Union legislation on equal treatment.

58. Concerning the development of civil society, the establishment of the office of the

Government Plenipotentiary for Civic Society was in progress. There were a number of

civic dialogue channels at the national, regional and local levels.

59. The Ministry of the Interior and Administration collected data on hate crimes cases

against lesbian, gay, bisexual and transgender persons. In 2015, a new system had been

introduced to record all hate crime investigations led by the police, including the

investigations of crimes motivated by sexual orientation or gender identity. As for anti-

Muslim and anti-Semitic hate speech, the Government condemned all such incidents. All

cases of hate speech constituting a crime were subjected to criminal liability according to

the Criminal Code and subjected to the criminal proceedings.

60. According to the Constitution and family law, including the regulation on recording

marital relationships, civil partnerships, including same-sex relationships, could not be

registered.

61. Every foreigner who wanted to enter Poland without fulfilling the necessary

conditions was subject to an individual assessment in terms of his or her reasons for

entering and non-refoulement. Every asylum seeker could therefore apply for international

protection.

62. Regarding protection of the right to privacy in the context of secret surveillance and

antiterrorist legislation, the Police Act — adopted in compliance with the judgment of the

Constitutional Tribunal — had improved procedural standards for conducting secret

surveillance and had introduced a new control mechanism for data retention, whereby

supervision was conducted by independent courts. As for the Anti-Terrorism Act, the right

to privacy was guaranteed under the supervision of the Prosecutor General and, to a certain

extent, by independent courts.

63. Concerning accessibility to abortions, the Act on Family Planning, Protection of the

Human Foetus and Conditions of Admissibility of Abortion set specifically conditions

under which abortion was possible and the time frame. Individuals covered by social

security were eligible for free abortion treatment in medical establishments listed as

providing guaranteed services. The Act on the Rights of Patients and the Commissioner for

Patients’ Rights protected the rights of women who had been refused an abortion under the

circumstances laid down in the Act to raise objections to the decision of a doctor.

Contraceptives were available, some of which were reimbursed by the State. A clause in the

Act on the Professions of Doctor and Dentist allowed a doctor to refrain from providing

certain health-care services for reasons of conscience. However, that did not affect the

patient’s right to obtain such health-care services.

64. In total, 777 institutions and 612 call centres provided assistance to the victims of

domestic violence. Domestic violence policies had been implemented through a programme

covering the period 2014-2020.

65. Poland had been working on strategies for persons with disabilities, covering all

areas of the Convention on the Rights of Persons with Disabilities, with an emphasis on

health, education, accessibility and employment.

66. Concerning the situation of women in the labour market, there was equality of

treatment in line with European Union standards. The gender pay gap in Poland was among

the lowest in the European Union and was being further reduced.

67. Poland had chosen to merge the functions of the Prosecutor General and the Minister

of Justice in conformity with the acceptable international standards. Furthermore, despite

the merge, the 2016 Law on Prosecution had provided explicitly for the independence of

the prosecution services.

68. There were no obstacles preventing the Constitutional Tribunal from carrying out its

duties. The acts that had been adopted and initiated by Parliament at the end of 2016 were

in line with European standards for the functioning of a constitutional court. Those laws

regulated matters relating to the system and functioning of the Constitutional Tribunal,

taking into account a number of recommendations issued by the European Commission for

Democracy through Law (the Venice Commission).

69. Bulgaria appreciated that further work was under consideration to enhance mass

media plurality and broaden access to different forms of media, to strengthen freedom of

expression and freedom of the media as key principles in the Constitution.

70. Canada urged Poland to take further measures to enhance the scope of protection of

lesbian, gay, bisexual, transgender and intersex persons and to prevent acts of

discrimination.

71. Chile welcomed measures, including legislative reforms, to combat gender violence,

but was concerned about the implementation of the reforms to the Constitutional Court and

the increase in xenophobia, racism and discrimination.

72. China noted that some children in rural areas did not have equal access to high-

quality education and that Poland still faced challenges in guaranteeing the rights of women

and national minorities.

73. Côte d’Ivoire urged Poland to strengthen further its legal framework to ensure the

full enjoyment of human rights in the country, notably for minorities, migrants and asylum

seekers.

74. Croatia commended the improvement of criminal legislation as regards sexual

offences and the protection of child victims. It welcomed the appointment of the equal

treatment coordinators and the adoption of the Programme of Roma Integration.

75. Cyprus welcomed the measures taken to enhance the protection of the rights of

minority groups and encouraged Poland to continue its efforts to eliminate domestic

violence and combat racism, xenophobia and hate crimes.

76. Czechia welcomed the ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty and the signature of two other international human rights instruments.

77. Denmark attached importance to the successful completion of the dialogue between

Poland and the European Commission within the rule of law procedures and the concerns

raised by the Venice Commission and the Council of Europe on the rule of law.

78. Egypt commended Poland for the legislative amendments it had made to fight

violence against women, the reduction in the wage gap between men and women and the

efforts to protect and support women.

79. Estonia encouraged Poland to continue its work to eliminate the use of corporal

punishment in various places, consider further actions to prevent and eliminate violence

against women and ensure favourable legislation towards women’s rights.

80. Finland encouraged Poland to take steps towards making positive progress regarding

combating discrimination and ensuring full participation of civil society and to strengthen

the rights of all individuals, including minorities.

81. France welcomed the ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty and of the Istanbul Convention.

82. Georgia appreciated the ratification of various international treaties and measures to

improve prison conditions. It welcomed the submission of a midterm implementation report

and encouraged Poland to continue that practice.

83. Germany welcomed the accession by Poland to several international human rights

instruments, but remained concerned about controversial legislation regarding the judicial

system and the media.

84. Greece welcomed, inter alia, the appointment of equal treatment coordinators in

each ministry and in the Prime Minister’s Chancellery, and the establishment of a national

prevention system against torture.

85. Guatemala was concerned about reports of the lack of consistency in the actions of

the border police and lack of mechanisms to identify vulnerable persons.

86. Haiti welcomed the success of the policies and programmes of Poland regarding

improving women’s rights, reducing poverty levels, the ratification of the Convention on

the Rights of Persons with Disabilities and combating human trafficking.

87. The Holy See noted the initiatives to reduce the wage gap between men and women,

enhance the protection of women and provide assistance to children for their equitable

access to quality health care and education.

88. Honduras welcomed legislative measures to protect human rights and efforts to

allocate the necessary funds to OHCHR. It noted, however, that Poland should continue to

harmonize the legal framework with the international treaties.

89. Hungary welcomed the new laws relating to citizenship adopted to reduce

statelessness and took positive note of the measures taken to promote the protection of the

Roma community.

90. Iceland regretted that lesbian, gay, bisexual, transgender and intersex persons were

still not sufficiently protected under national law and was concerned about the difficulties

women faced in gaining access to safe abortions and the related law before Parliament.

91. Indonesia welcomed the implementation of the National Action Programme for

Equal Treatment and the adoption of the new National Action Plan to Combat Human

Trafficking and the new Foreigners Act.

92. The delegation of Poland indicated that the National Action Plan against Human

Trafficking 2016-2018 had provided a series of activities to improve the identification of

victims of human trafficking. Poland also had a system of social assistance, support and

care for victims of human trafficking. The 2007 amendment to the Act on Social Assistance

had expanded the group of beneficiaries to third-country nationals who legalized their stay

in Poland by the fact of having been granted the status of victim of trafficking in human

beings.

93. Children of migrants in an irregular situation and children of asylum seekers had

access to education, both in open and closed centres. While it emphasized alternatives to

detention, Poland did its best to improve the conditions in detention centres using European

funds. For example, bars from all the windows of such centres were being taken away so

that they would not have the appearance of a prison. For the integration of asylum seekers,

Polish language lessons and lessons on the Polish culture were provided.

94. Support for families in difficulties was provided through the system of measures to

help them re-establish their ability to take care of their child. It was governed by the 2011

Act on Support for Family and Alternative Care. There was a range of services provided in

cash to support family income. Through the “Family 500+” programme, the rate of extreme

poverty of children had fallen from 12 to 0.7 per cent and relative poverty had fallen from

28 to 10 per cent. A programme had been introduced to support families with persons with

disabilities, in particular children with disabilities.

95. Under Polish law, every incident of rape was punishable. Criminal responsibility

was triggered irrespective of any relationship between the perpetrator and the victim. The

relevant provisions of the Criminal Code applied with no exception to marital rapes. The

gender of the victim or the perpetrator had no bearing on the criminal responsibility and in

prosecuting those who were guilty of the crimes.

96. The Ministry of Justice was analysing the possibility of ratifying the International

Convention for the Protection of All Persons from Enforced Disappearance and

incorporating the definition of torture into domestic criminal law. Furthermore, the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment was part of the Polish legal system. Therefore, although there was no definition

of torture in Polish law, all acts that fell under the Convention were criminalized.

97. The National Programme of Action for Equal Treatment 2013-2016 was being

evaluated, and there were plans to develop a new one. The Council for the Prevention of

Racial Discrimination, Xenophobia and Related Intolerance had been dissolved in 2016, but

the obligation to prevent and fight against racism, discrimination and xenophobia rested

with other public bodies.

98. Concerning education on human sexuality, according to the Act on Family Planning,

Protection of the Human Foetus and Conditions of Admissibility of Abortion, the principles

of responsible parenthood, value of family, life in the prenatal phase and the methods and

means of conscious procreation were addressed primarily in the school subject “education

for family life”. Those issues were also included in other school subjects, such as nature,

biology and physical education.

99. The Islamic Republic of Iran expressed concerns about discrimination and

difficulties faced by Roma in different sectors, such as employment and education, and hate

speech on the Internet against the Muslim community.

100. Iraq commended the appointment of equal treatment coordinators in each ministry

and in the Prime Minister’s Chancellery, and of the Government Plenipotentiary for Civic

Society.

101. Ireland was pleased to note that Polish law prohibited discrimination in political,

social and economic life and that the Labour Code prohibited any discrimination in

employment, including on grounds of sexual orientation.

102. Israel noted the contribution of the National Action Programme for Equal Treatment

and the work of the special Government Plenipotentiary to fight against hate crimes.

103. Italy commended Poland for its actions to, inter alia, prevent torture, improve

pretrial detention and conditions in prisons, promote children’s rights and equal treatment

and prevent domestic violence.

104. Kyrgyzstan welcomed the policy to promote and protect the rights of women and

children, but regretted the abolition of the Council for the Prevention of Racial

Discrimination, Xenophobia and Related Intolerance.

105. Slovenia expressed its concern regarding the weak response in combating

discrimination and violence on grounds of the sexual orientation and gender identity and

encouraged Poland to broaden the anti-discrimination legislation.

106. Libya commended the adoption of the National Action Plan against Human

Trafficking, continuous efforts to eliminate hate crimes and incitement to hatred and

improvement of the situation of persons with disabilities.

107. Mexico welcomed the strengthening of the legal framework related to freedom of

expression and the progress related to eliminate discrimination, including the establishment

of a monitoring team and training activities.

108. Mongolia noted the constructive cooperation with the special procedures and

commended Poland for the comprehensive measures it had taken aimed at preventing

torture, improving the conditions in prison and enhancing the efficiency of the judicial

system.

109. Montenegro called on Poland to enhance activities to eliminate the use of corporal

punishment in schools, youth centres and alternative-care facilities, as reported by the

Committee on the Rights of the Child.

110. The Netherlands welcomed the rejection in October 2016 of the draft amendments to

the Act on Family Planning and the Penal Code. It emphasized the importance of

consultations with the Venice Commission for the independence of the judiciary.

111. Norway recognized the efforts by Poland to fight discrimination and reminded

Poland that an independent civil society was an important part of democratic societies.

112. Pakistan acknowledged the steps Poland had taken to ensure equal treatment and to

combat discrimination and hate crimes, including the appointment of equal treatment

coordinators in each ministry and the project called “migrants against hate crimes: how to

enforce your rights”.

113. Peru appreciated the collaboration of Poland with the special procedures, the

decrease in the cases of preventive detention and the efforts to achieve equality among men

and women, which should be reinforced.

114. The Philippines lauded the improvements in women’s rights, particularly with the

introduction of measures to prosecute ex officio sexual offences, such as rape or coerced

sexual acts.

115. The Republic of Korea appreciated the appointment of equal treatment coordinators

at each level of Government and the effectiveness of the new Foreigners Act. It also

recognized the appointment of the Government Plenipotentiary for Civic Society.

116. The Republic of Moldova welcomed the appointment of the Government

Plenipotentiary for Civic Society, the implementation of the National Action Programme

for Equal Treatment and the appointment of equal treatment coordinators in public

institutions.

117. Romania expressed its appreciation for the legislative and organizational measures

to improve the conditions in prisons and noted that special attention had been paid to

women’s rights and gender equality.

118. The Russian Federation expressed concern about the violations by Poland of its

international obligations regarding the protection of cultural rights and countering racism,

and the elimination of a human rights task force in the Ministry of Internal Affairs.

119. The Under-Secretary of State thanked all the delegations that had participated in the

interactive dialogue and gave assurances that Poland would analyse all the

recommendations with a maximum of attention. She also indicated that Poland had signed

and ratified a number of international human rights instruments since the second review and

that implementing them fully remained a priority for Poland. In conclusion, she stated that

the historical experience of the country, which had come a long way from socialism to

democracy and free-market economy, served to confirm the fact that the highest human

rights standards were and should remain the path of democracy. She gave her assurances

that Poland would work to guarantee that its national norms in the field of human rights

would conform to the most rigorous international standards.

II. Conclusions and/or recommendations

120. The following recommendations will be examined by Poland which will provide

responses in due time, but no later than the thirty-sixth session of the Human Rights

Council:

120.1 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Montenegro) (Spain);

120.2 Sign and ratify the Optional Protocol to the International Covenant

on Economic, Social and Cultural Rights (Italy) (Philippines);

120.3 Sign and ratify the Optional Protocol to the Convention on the Rights

of the Child on a communications procedure (Philippines);

120.4 Conduct further steps towards the ratification of the Optional

Protocol to the Convention on the Rights of the Child on a communications

procedure (Georgia);

120.5 Continue efforts to ratify the Optional Protocol to the Convention on

the Rights of the Child on a communications procedure (Andorra);

120.6 Ratify, before the next review cycle, the Optional Protocol to the

Convention on the Rights of the Child on a communications procedure

(Czechia);

120.7 Intensify measures and initiatives to support persons with disabilities

and ratify the Optional Protocol to the Convention on the Rights of the Child

on a communications procedure, which was signed in 2013 (Mongolia);

120.8 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of their Families (Albania) (Algeria)

(Angola) (Bangladesh) (Honduras) (Kyrgyzstan) (Sri Lanka);

120.9 Sign and ratify the International Convention on the Protection of the

Rights of All Migrants Workers and Members of Their Families (Philippines);

120.10 Promptly ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Guatemala);

120.11 Consider ways forward for the ratification of the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Indonesia);

120.12 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Albania) (Iraq);

120.13 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance and integrate it into national norms (Sierra

Leone);

120.14 Finalize the procedure to ratify the International Convention for the

Protection of All Persons from Enforced Disappearance (Montenegro);

120.15 Ratify, before the next review cycle, the International Convention for

the Protection of All Persons from Enforced Disappearance (Czechia);

120.16 Ratify the Optional Protocol to the Convention on the Rights of

Persons with Disabilities (Estonia) (Slovenia);

120.17 Sign and ratify the Optional Protocol to the Convention on the Rights

of Persons with Disabilities (Italy) (Philippines);

120.18 Promptly ratify the Optional Protocol to the Convention on the

Rights of Persons with Disabilities (Guatemala);

120.19 Consider acceding to the Optional Protocol to the Convention on the

Rights of Persons with Disabilities (Andorra);

120.20 Consider acceding to the Convention relating to the Status of

Stateless Persons (Bulgaria);

120.21 Accede to the 1954 Convention relating to the Status of Stateless

Persons and the 1961 Convention on the Reduction of Statelessness (Australia)

(Côte d’Ivoire);

120.22 Accede to and fully implement the 1954 Convention relating to the

Status of Stateless Persons and the 1961 Convention on the Reduction of

Statelessness in order to secure the basic rights of stateless persons and

introduce a formal procedure to determine statelessness (Hungary);

120.23 Promptly ratify the International Labour Organization Indigenous

and Tribal Peoples Convention, 1989 (No. 169) (Guatemala);

120.24 Ensure comprehensive implementation of the international human

rights instruments ratified during the past several years (Ukraine);

120.25 Adopt an open, merit-based selection process when selecting national

candidates for United Nations treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

120.26 Adopt the measures necessary to give full effect in the domestic legal

order to the recommendations made by the Committee on Economic, Social

and Cultural Rights (Uruguay);

120.27 Allocate the resources necessary to the Office of the Human Rights

Commissioner (Timor-Leste);

120.28 Provide the Office of the Human Rights Commissioner with sufficient

financing to fulfil its obligations (Norway);

120.29 Provide the Office of the Human Rights Commissioner with all the

support necessary for it to exercise effectively its mandate (Serbia);

120.30 Provide the Office of the Human Rights Commissioner with the

means necessary to enable it to carry out its mandate in a full, efficient and

independent manner (Guatemala);

120.31 Enable the Office of the Human Rights Commissioner to receive and

deal with complaints of victims of discrimination (Honduras);

120.32 Implement the recommendations made by the International

Ombudsman Institute on its fact-finding mission to Poland with regard to the

Human Rights Commissioner (Austria);

120.33 Establish an independent body that is authorized to receive

complaints on violence and abuses by the police (Russian Federation);

120.34 Reinforce institutional and administrative measures, including the

reestablishment of the Council for the Prevention of Racial Discrimination,

Xenophobia and Related Intolerance (Mexico);

120.35 Consider the reestablishment of the Council for the Prevention of

Racial Discrimination, Xenophobia and Related Intolerance (Peru);

120.36 Reinstate the Council for the Prevention of Racial Discrimination,

Xenophobia and Related Intolerance, dissolved in April 2016 (Chile);

120.37 Reinstate the Council for the Prevention of Racial Discrimination,

Xenophobia and Related Intolerance, or establish an alternative multi-

stakeholder institution with the objective of further preventing discrimination

and intolerance (Greece);

120.38 Reinstate the Council for the Prevention of Racial Discrimination,

Xenophobia and Related Intolerance or create an alternative multi-stakeholder

institution with the objective of preventing discrimination and intolerance, in

all its aspects (Sierra Leone);

120.39 Consider either reinstating the Council for the Prevention of Racial

Discrimination, Xenophobia and Related Intolerance, or establishing an

alternative multi-stakeholder institution with the objective of preventing

discrimination and intolerance (Albania);

120.40 As a follow-up to the recommendations made in paragraphs 90.45,

90.46, 90.47, 90.48, 90.49, 90.57 and 90.60 of the report of the Working Group

on the second review cycle of Poland (A/HRC/21/14), reinstate the Council for

the Prevention of Racial Discrimination, Xenophobia and Related Intolerance,

with a view to addressing racism in sport to demonstrate the authorities’

seriousness in combating such prejudices, in full consultation with key

stakeholders (Haiti);

120.41 Prevent and combat all forms of discrimination (Philippines);

120.42 Strengthen its fight against cases of violence, hate speech and

discrimination (Bulgaria);

120.43 Strengthen efforts to prevent and combat all forms of discrimination,

including by amending relevant legislation and launching awareness-raising

campaigns (Italy);

120.44 Amend its anti-discrimination law in order to ensure that

discrimination on any grounds is prohibited in all areas of life (Finland);

120.45 Take steps to ensure the acceptance and the general public

knowledge of the existing law on anti-discrimination and to increase the

practical use of the law (Sweden);

120.46 Improve further its non-discrimination legislation by criminalizing

hate crimes on the grounds of age, disability, sexual orientation and gender

identity, while taking the measures necessary to combat discrimination based

on race, sex, nationality, ethnicity, religion or any other grounds (Brazil);

120.47 Amend the Penal Code to provide that crimes motivated by

discrimination on any grounds, including disability, gender identity and

expression and sexual orientation, are included in the Code and therefore can

be investigated and prosecuted as hate crimes (Norway);

120.48 Harmonize the Act on Equal Treatment with the international

human rights instruments ratified by Poland (Honduras);

120.49 Amend the Act on Equal Treatment in order to prohibit

discrimination, in a comprehensive manner, including on the basis of sexual

orientation and gender identity, in all areas and sectors, in particular taking

into account access to education, health, social protection and housing

(Mexico);

120.50 Extend its anti-discrimination laws and hate crime legislation to

ensure equal treatment and broad protection for all from discrimination,

regardless of sexual orientation and gender identity (United Kingdom of Great

Britain and Northern Ireland);

120.51 Redouble efforts to combat racial discrimination, xenophobia and

related intolerance (Angola);

120.52 Adopt further measures to address racism and support community

tolerance (Australia);

120.53 Highlight in its next report the measures against perpetrators in

combating racist crimes (Bangladesh);

120.54 Take measures to reduce the number of crimes committed based on

xenophobia and racial intolerance (Russian Federation);

120.55 Review its Criminal Code to enhance punishment to combat racially

motivated crimes (Republic of Korea);

120.56 Amend its Criminal Code, specifically to make the racial motivation

of a crime an aggravating circumstance and to allow for enhanced punishment

to combat the occurrence of such acts (South Africa);

120.57 Denounce publicly at the highest levels of Government anti-Semitic

and other hate speech and acts, and support tolerance awareness-raising and

training efforts (United States of America);

120.58 Take an active stance in combating and raising awareness against

racism and intolerant political rhetoric and strengthen legal and other

measures to address bias-motivated crimes (Turkey);

120.59 Ensure the effective enforcement of laws by which any party or

organization that encourages or incites racial discrimination is declared illegal

(Russian Federation);

120.60 Strengthen and continue the national measures to combat racism,

xenophobia and hate crimes (Egypt);

120.61 Adopt a comprehensive national action plan against racism and

adopt clear measures to combat effectively racially motivated violence

(Botswana);

120.62 Strengthen legal and other measures to address bias-motivated

crimes and ensure the prompt and effective prosecution of racist and

xenophobic hate crimes (Islamic Republic of Iran);

120.63 Give the appropriate training to the Polish police and other public

bodies responsible for victim support services to assist the victims of hate

crimes (Ireland);

120.64 Take additional serious measures to combat xenophobia, hate speech

and discrimination based on race, nationality, ethnicity and religion

(Kyrgyzstan);

120.65 Develop effective law enforcement tools to monitor and prevent

online hate crimes (Israel);

120.66 Continue to collaborate with sporting associations with a view to

promoting tolerance and diversity (Algeria);

120.67 Establish awareness campaigns on discrimination against members of

the Roma community (Timor-Leste);

120.68 Strengthen the legal framework and implement measures to combat

racism and xenophobia and sanction hate crimes, in particular those against

migrants in irregular situations (Chile);

120.69 Continue to strengthen measures to prevent discrimination and hate

crimes, especially against migrants, through training and dissemination

programmes on obligations and commitments on human rights (Indonesia);

120.70 Strengthen measures aiming at combating discrimination, racism and

xenophobia in the country, notably against migrants, asylum seekers and the

Roma community (Côte d’Ivoire);

120.71 Combat violence and discrimination against lesbian, gay, bisexual,

transgender and intersex persons (United States of America);

120.72 Amend the Criminal Code to provide that crimes motivated by

discrimination on the grounds of sexual orientation or gender identity are

investigated and prosecuted as hate crimes (Belgium);

120.73 Amend the Penal Code to provide that crimes motivated by

discrimination on any grounds, gender identity and expression and sexual

orientation, are investigated and prosecuted as hate crimes (Iceland);

120.74 Amend the Penal Code to ensure that lesbian, gay, bisexual,

transgender and intersex persons are fully protected against discrimination,

hate speech and hate crimes based on sexual orientation and gender identity

(Canada);

120.75 Recognize civil unions between same-sex persons (Spain);

120.76 Strengthen the protection of individuals against discrimination,

including based on sexual orientation or gender identity, inter alia, by allowing

the legal status of same-sex couples, and in that regard pass a law on civil union

or registered partnership (Czechia);

120.77 Strengthen efforts to protect lesbian, gay, bisexual, transgender and

intersex persons against violence and discrimination, including by including

sexual orientation and gender identity in hate speech provisions, by making

provisions in law for same-sex civil partnership or marriage, and by making

arrangements for the relevant Polish authorities to provide Polish citizens

wishing to marry or otherwise register a same-sex relationship abroad with all

necessary documentation (Ireland);

120.78 Consider to increase the level of official development assistance

(Sierra Leone);

120.79 Strengthen the oversight of Polish companies operating abroad with

regard to any negative impact their activities might have on the enjoyment of

human rights, particularly in conflict areas, including situations of foreign

occupation, where there are heightened risks of human rights abuses (State of

Palestine);

120.80 Review counter-terrorism legislation and ensure that any

interference with the right to privacy therein complies with the principles of

legality, necessity and proportionality (Greece);

120.81 Consider incorporating in its legal order the definition of torture

according to international standards (Peru);

120.82 Adopt measures to improve detention conditions in Polish prisons

(Russian Federation);

120.83 Make further efforts towards improving the conditions in prisons and

complying with relevant international standards (Romania);

120.84 Take into thorough consideration the recommendations of the Venice

Commission in the process of elaborating national legislation (Ukraine);

120.85 Implement the recommendations issued by the Venice Commission

and the European Commission with regard to the rule of law (Sweden);

120.86 Take measures to protect the independence and impartiality of the

judiciary (Guatemala);

120.87 Ensure reform efforts respect and strengthen judicial independence

and improve delivery of justice (United States of America);

120.88 Implement the recommendations of the Human Rights Committee

regarding the full independence and impartiality of the judiciary (Belgium);

120.89 Take the measures necessary in the context of the judicial reform and

the reform of the national judicial council to guarantee the separation of

powers and the independence of the judicial system (Switzerland);

120.90 Uphold the independence of the judiciary, including by maintaining

the procedures of nominations and promotions of judges by decisions of the

judiciary in accordance with the Polish Constitution and international

standards (Austria);

120.91 Respect the integrity and independence of the Constitutional Court

(Chile);

120.92 Adopt the measures necessary to protect and preserve the

independence of the Constitutional Court and implementation of its judgments

(Spain);

120.93 Take immediate measures to restore the independence, integrity and

effective functioning of the Constitutional Tribunal and its judges, including by

amending pertinent legislation (Canada);

120.94 Ensure the independent functioning and decision-making of the

Constitutional Court free from any political interference as a fundamental

pillar of democracy, rule of law and human rights protection (Czechia);

120.95 Ensure the independence of the judiciary in order to safeguard the

rule of law by taking immediate steps to ensure that the Constitutional

Tribunal is able to deliver effective constitutional reviews (Denmark);

120.96 Guarantee, including within the draft constitutional reform

announced on 3 May 2017, fundamental freedoms and the independence,

integrity and efficiency of the justice system, in particular concerning the

execution of the constitutional review (France);

120.97 Take into account the opinion formulated on 14 October 2016 by the

Venice Commission of the Council of Europe on the Act on the Constitutional

Tribunal (Switzerland);

120.98 Protect the independence of the judiciary; respect the opinions of the

Venice Commission, the Organization for Security and Cooperation in Europe

Office for Democratic Institutions and Human Rights and the European

Commission, especially regarding justice reform; and ensure that the

independence of the Constitutional Tribunal and of judicial institutions is

maintained (Germany);

120.99 Review and reform the Prosecution Office with a view to separating

clearly the function of the Minister of Justice and Prosecutor General, in full

consultation with key stakeholders (Haiti);

120.100 Restructure the Office of the Attorney General in order to separate

the functions of the Ministry of Justice and the Attorney General with a view to

further guaranteeing the independence of the Attorney General (Spain);

120.101 Ensure that any reform of the justice system takes place only after

careful consultation with the representatives of the legal professions, and that it

is in line with international standards of judicial independence described by,

for example, the International Covenant on Civil and Political Rights, the Basic

Principles on the Independence of the Judiciary and the advisory bodies to the

Council of Europe, particularly the Venice Commission and the Consultative

Council of European Judges (Netherlands);

120.102 Review its educational system so that grades obtained in Islamic

religion are recorded on school certificates (Republic of Korea);

120.103 Reconsider, with regard to concerns raised by the International

Holocaust Remembrance Alliance, legislation that restricts open and honest

scientific research and that can serve to intimidate researchers (Austria);

120.104 Take decisive steps to decrease political control over State-owned

media and to ensure independence of private and State-owned media (Sweden);

120.105 Guarantee freedom and independence of the media and ensure that

rules regarding media ownership comply with European Union law (no

discrimination and no retroactive legislation) (Germany);

120.106 Ensure that the implementation of its legislation in the field of media

respects the independence and pluralism of the media, by, inter alia, applying

the decision of the Constitutional Tribunal of 13 December 2016, which aims at

restoring the competences of the National Broadcasting Council (Switzerland);

120.107 Promote the right of access to information by protecting the freedom

of press and the use of mass communication (Holy See);

120.108 Guarantee the full right to freedom of expression, through

amendments to laws adopted from 2015 that limit the independence of the

media, undermine trust on its impartiality and, in anti-terrorism cases, could

violate privacy (Mexico);

120.109 Guarantee freedom of expression and assembly, including by civil

society organizations, notably in the context of public gatherings (France);

120.110 Repeal the restrictive amendments on the Law on Assemblies to

restore full freedom of peaceful assembly, in keeping with Poland’s

international obligations (Canada);

120.111 Ensure a legal and financial framework that allows non-

governmental organizations to operate (Norway);

120.112 Ensure a transparent and enabling environment for non-

governmental organisations that allows them to benefit from available support

and contribute to the development of a vibrant civil society (Austria);

120.113 Take concrete steps to enhance the broad and full participation of

civil society in all political and societal life, by ensuring transparent distribution

of NGO funding and by safeguarding that the freedoms of expression and

association can, in line with the International Covenant on Civil and Political

Rights, be exercised in practice, including by taking further steps to ensure

prompt investigations of physical attacks and/or threats against civil society

actors (Finland);

120.114 Take further steps to combat human trafficking (Armenia);

120.115 Ensure the effective implementation of the National Action Plan

against Human Trafficking for the period 2016-2018 (Cyprus);

120.116 Continue the national efforts in the framework of the new National

Action Plan against Human Trafficking to prevent and combat human

trafficking and ensure the rehabilitation of victims (Egypt);

120.117 Consider introducing procedures for the identification of persons

vulnerable to trafficking, strengthen the prosecution of perpetrators of human

trafficking and further support the rehabilitation of victims (Serbia);

120.118 Reinforce the work already under way to tackle modern forms of

slavery, by strengthening efforts to obstruct criminal networks and identifying

victims of human trafficking (United Kingdom of Great Britain and Northern

Ireland);

120.119 Continue to develop national mechanisms to combat trafficking in

human beings, including by conducting a thorough investigation into reports of

cases of human trafficking and by establishing a legal framework for the

protection of child victims of human trafficking (Belarus);

120.120 Pay attention to prevention and protection measures that address the

particular vulnerability of children to trafficking (Islamic Republic of Iran);

120.121 Strengthen actions to combat human trafficking, with an emphasis on

prevention and protection measures that address the particular vulnerability of

children to trafficking (Georgia);

120.122 Ensure that regulations pertaining to the right to privacy are in line

with the principles of legality, necessity and proportionality. Establish an

independent and effective oversight mechanism (Germany);

120.123 Review its procedures, practices and legislation to ensure that any

interference with the right to privacy is consistent with international human

rights standards, especially with the principles of legality, necessity and

proportionality (Brazil);

120.124 Continue to protect the natural family and marriage, formed by a

husband and a wife, as the fundamental unity of society, as well as the unborn

(Holy See);

120.125 Ensure the implementation of all the provisions of the International

Covenant on Economic, Social and Cultural Rights, within the national legal

system (Iraq);

120.126 Ensure that all provisions of the International Covenant on

Economic, Social and Cultural Rights are given full effect in its domestic legal

order, and in that regard ensure the justiciability of those rights (South Africa);

120.127 Strengthen policies to counter the phenomenon of homelessness,

especially among children, and put an end to it (Libya);

120.128 Ensure the full implementation of women’s rights, in particular in

relation to effective access to sexual and reproductive health and rights

(France);

120.129 Ensure the protection of the right of women to have access to

abortions and for women (and couples) to decide freely and responsibly the

number, spacing and timing of their children (Australia);

120.130 Ensure that women are given the medical and professional services

necessary to exercise their legal right to terminate a pregnancy, and ascertain

that women have the right to decide over their own bodies (Sweden);

120.131 Ensure that women can have access to lawful abortions by creating

clear, legally binding regulations for the implementation of the 1993 Family

Planning Act (Norway);

120.132 Ensure that safe and legal abortions are accessible in practice by

creating clear, legally binding regulations for the implementation of the 1993

Act on Family Planning (Iceland);

120.133 Ensure that safe legal abortions are available and accessible in

practice, in keeping with the 1993 Act on Family Planning and consistent with

Poland’s obligations under articles 12 and 16 of the Convention on the

Elimination of All Forms of Discrimination against Women (Canada);

120.134 Implement fully and effectively the judgments of the European Court

of Human Rights on access to abortion (Iceland);

120.135 Implement fully and effectively the judgments of the European Court

of Human Rights in the case of RR v. Poland and P&S v. Poland on the issue of

women and girls’ access to sexual and reproductive health-care and services

(Netherlands);

120.136 Expand the scope of the compulsory course on family life education

to provide a comprehensive and age-appropriate education on sexual and

reproductive health and rights and to ensure unimpeded access to sexual and

reproductive health services, including to safe and legal abortions (Slovenia);

120.137 Take further steps for the elimination of discrimination against

women (Republic of Moldova);

120.138 Continue its efforts to put in place improved solutions and legislation

aimed at eliminating all forms of discrimination against women (Cyprus);

120.139 Undertake further governmental initiatives and projects aimed at

comprehensively combating discrimination against women (Romania);

120.140 Continue its efforts to promote gender equality by focusing on the

implementation of the National Action Programme for Equal Treatment

(Pakistan);

120.141 Take further effective measures to combat violence against women

(China);

120.142 Continue its efforts to prevent and eliminate all forms of violence

against women (Timor-Leste);

120.143 Intensify its actions to combat violence against women and counter

discrimination against women (Sri Lanka);

120.144 Adopt a comprehensive strategy aimed at preventing and eliminating

all forms of violence against women (Republic of Moldova);

120.145 Continue its efforts to eliminate violence against women, including

domestic violence (Philippines);

120.146 Harmonize its national legislation with the provisions of the Istanbul

Convention (Bosnia and Herzegovina);

120.147 Harmonize its national legislation with the provisions of the Council

of Europe Convention on Preventing and Combating Violence against Women

and Domestic Violence (Turkey);

120.148 Continue its efforts to combat violence, including violence against

women, and adopt a comprehensive strategy aimed at preventing and

eliminating all forms of violence against women (State of Palestine);

120.149 Strengthen the elimination of all forms of violence against women by

criminalizing domestic violence and marital rape (Belgium);

120.150 Amend the Criminal Code to criminalize domestic violence clearly

and implement a comprehensive strategy to eliminate all forms of violence

against women (Sierra Leone);

120.151 Work to address the issue of domestic violence in Poland and ensure

support for victims (Australia);

120.152 Organize a national campaign to raise awareness on the specific

needs of women victims of domestic violence and gender-based violence

(Croatia);

120.153 Provide adequate and stable funding for legal, psychological and

medical assistance and shelter for victims of domestic violence (Denmark);

120.154 Continue its good efforts to address violence against women and

domestic violence, including by increasing support for victims of domestic

violence (Latvia);

120.155 Provide adequate and stable funding for care centres and shelters for

women and children victims of domestic violence (Chile);

120.156 Proceed with the implementation of the programme entitled

“Prevention of Domestic Violence and Violence on the Grounds of Gender”

(Israel);

120.157 Strengthen the protection of migrant women from gender-based

violence (Islamic Republic of Iran);

120.158 Adopt measures to protect women’s rights, including by

strengthening of laws against sexual violence and ensuring the equal

participation of women in political and public affairs (Botswana);

120.159 Continue to promote the participation of women in public and

political life of the country (Bosnia and Herzegovina);

120.160 Take appropriate measures to strengthen the implementation of the

2011 Act on Support for Family and Alternative Care Systems (Pakistan);

120.161 Continue to reinforce actions aimed at the protection of children

against violence and other forms of maltreatment (Bosnia and Herzegovina);

120.162 Ensure that all cases of sexual abuse of children are investigated and

perpetrators prosecuted, and that victims are adequately compensated and

rehabilitated (South Africa);

120.163 Take steps to ensure the acceptance and general public knowledge of

the existing measures for the legal protection of children, in particular with

regard to children with disabilities (Sweden);

120.164 Continue to improve the situation of persons with disabilities,

including by accelerating the preparation of relevant strategies for 2017-2030,

and start implementing them (Libya);

120.165 Accelerate the implementation of the Strategy for People with

Disabilities for the period 2017-2030 to strengthen the task force on the support

system for people with disabilities, their families and caretakers (Indonesia);

120.166 Continue its policies and measures for the promotion and protection

of the rights of the national minorities (Armenia);

120.167 Guarantee the rights of education, health, housing and employment

of Roma and other ethnic minorities (China);

120.168 Strengthen the policies and programmes aimed at giving the Roma

population equal opportunities in the access to services (Peru);

120.169 Continue its efforts to better assist children of Roma origin to have

access to quality education and therefore advance the integration of Roma

(Hungary);

120.170 Strengthen efforts to provide preschool education for Roma children

as a prerequisite for their equal access to further education without

discrimination (Croatia);

120.171 Adopt concrete measures to strengthen the protection of migrants,

refugees and asylum seekers (Guatemala);

120.172 Adopt the measures necessary to combat de facto and de jure

discrimination against migrants in irregular situations (Uruguay);

120.173 Take urgent measures to investigate and sanction acts of

discrimination against migrants, refugees and minorities, in particular by

ensuring the protection necessary to those who report acts of discrimination

(Argentina);

120.174 Guarantee the appropriate treatment of migrants in irregular

situations and waiting for deportation from the country, including access to

legal remedies (Russian Federation);

120.175 Continue to make efforts to protect migrant workers from all forms

of exploitation and abuse, in particular those from the Democratic People’s

Republic of Korea, by improving their working condition in accordance with

relevant international standards (Republic of Korea);

120.176 Guarantee basic services to the children of migrants in irregular

situations, in particular in the areas of education and health (Uruguay);

120.177 Increase attention to the integration process for refugees (Islamic

Republic of Iran);

120.178 Consider participating in further burden sharing programmes, such

as the European Union refugee relocation scheme and the refugee quota system

(Turkey);

120.179 Consider issues related to the access of asylum seekers, taking into

account obligations under the international treaties (Belarus);

120.180 Take measures towards respecting fully the principle of non-

refoulement when it comes to a foreigner’s refugee status (Greece);

120.181 Prepare a draft amendment to the Foreigners Act prohibiting the

detention of families with minors and unaccompanied minors for the purposes

of return and asylum proceedings (Kyrgyzstan);

120.182 Take urgent measures in order that asylum-seeking children are not

deprived of their liberty (Argentina);

120.183 Take measures to guarantee full access to education and health care

for the most vulnerable persons, including refugees and asylum seekers (Holy

See);

120.184 Continue its efforts to ensure due commemoration of the Holocaust

(Israel);

120.185 Investigate thoroughly all acts of vandalism against graves and

monuments of Soviet soldiers who perished in the fight against Nazi Germany

and bring the perpetrators to justice (Russian Federation).

121. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Poland was headed by H .E. Ms. Renata Szczech, Undersecretary

of State, Ministry of Foreign Affairs, and composed of the following members:

• H.E. Mr. Piotr Stachanczyk, Ambassador, Permanent Representative of the Republic

of Poland to the United Nations Office and other International Organizations at

Geneva, Deputy Head of the Delegation;

• Mr. Wojciech Kaczmarczyk, Director of the Civil Society Department, Chancellery

of the Prime Minister;

• Mr. Krzysztof Maslo, Director of the Department of International Cooperation and

Human Rights, Ministry of Justice;

• Ms. Anna Widarska, Director of Mother and Child Department, Ministry of Health;

• Mr. Michał Zon, Director of the Legal Department, Central Board of Prison Service;

• Mr. Mariusz Cichomski, Deputy Director of the Public Order Department, Ministry

of the Interior and Administration;

• Mr. Maciej Janczak, Deputy Director of the United Nations and Human Rights

Department, Ministry of Foreign Affairs;

• Mr. Adam Knych, Deputy Director of the Analysis and Migration Policy

Department, Ministry of the Interior and Administration;

• Mr. Piotr Rychlik, Deputy Director, Legal and Treaty Department, Ministry of

Foreign Affairs;

• Mr. Jerzy Baurski, Deputy Permanent Representative of the Republic of Poland to

the United Nations Office and other International Organizations at Geneva;

• Ms. Magdalena Lubelska, Head of Section, Bureau of the Head of the Office for

Foreigners;

• Ms. Daria Wolosiuk, Head of Human Rights Section, Department of the United

Nations and Human Rights, Ministry of Foreign Affairs;

• Ms. Agnieszka Karpinska, First Counsellor, Permanent Mission of the Republic of

Poland to the UN Office at Geneva;

• Mr. Pawel Jaros, Judge, Chief Specialist, Department of International Cooperation

and Human Rights, Ministry of Justice;

• Mr. Paweł Kaczor, Judge, Chief Specialist, Department of International Cooperation

and Human Rights, Ministry of Justice;

• Mr. Przemysław Domagala, Judge, Chief Specialist, Department of International

Cooperation and Human Rights, Ministry of Justice;

• Ms. Beata Sobieraj-Skonieczna, Prosecutor, Prosecution General;

• Mr. Zbigniew Wierzbowski, Prosecutor, Prosecution General;

• Mr. Jacek Lazarowicz, Prosecutor, Prosecution General;

• Ms. Anna Blaszczyk, Minister’s Counsellor, Mother and Child Department,

Ministry of Health;

• Ms. Wirginia Prejs-Idczak, Minister’s Counsellor, Analysis and Migration Policy

Department, Ministry of the Interior and Administration;

• Ms. Wieslawa Kostrzewa-Zorbas, Counsellor of the Chief of Chancellery of the

Prime Minister;

• Ms. Iwona Przybylowicz, Border Guard Captain, Counsellor in the Board for

Foreigners, National Border Guard Headquarters;

• Mr. Krzysztof Laszkiewicz, Plenipotentiary of the National Police Headquarters for

protection of human rights, National Police Headquarters;

• Mr. Wojciech Deptula, Chief Specialist, Department of International Cooperation

and Human Rights, Ministry of Justice;

• Ms. Joanna Maciejewska, Chief Specialist, Department of International

Cooperation, Ministry of Family, Labour and Social Policy;

• Ms. Małgorzata Skorka, Chief Specialist, Department of Strategy and International

Cooperation, Ministry of National Education;

• Ms. Maria Krainska, Senior Specialist, Department of the United Nations and

Human Rights, Ministry of Foreign Affairs;

• Mr. Krzysztof Piotrowicz, Attaché, Department of the United Nations and Human

Rights, Ministry of Foreign Affairs;

• Ms. Katarzyna Dziczkowska, Intern, Permanent Mission of the Republic of Poland

to the UN Office at Geneva;

• Ms. Katarzyna Gorska-Lazarz, Interpreter;

• Mr. Mateusz Cygnarowski, Interpreter.