Poland
Poland remains an ethnically homogeneous country, however discrimination against minorities or migrants cannot be denied. There are cases of unjustified unequal treatment of the Roma or migrants in access to social aid, employment, healthcare, education or housing. Polish law forbids discrimination (direct, indirect, harassment) on the grounds of, e.g. race, ethnic origin and/or religion in different areas.
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Anti-discrimination Legislation & Implementation
The Polish Constitution forbids discrimination for any reason. The new antidiscrimination law, an Act on the Implementation of Certain Provisions of the EU on Equal Treatment contains a closed catalogue of possible grounds of discrimination. The Act sets up a minimum standard of the protection against unjustified unequal treatment which is not the same for everybody. Another problem is incorrect and incomplete implementation of the EU Directives.
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Is racial discrimination defined in national law?
Partially.
Qualitative Info
There is no definition of racial discrimination as such. Polish law (the Labour Code and the Act on the Implementation of Certain Provisions of the EU on Equal Treatment) forbids discrimination on the ground of, e.g. race and includes the definition of different forms of discrimination (direct discrimination, indirect discrimination and harassment). Besides, Polish legislative codes include a series of articles that directly or indirectly penalize acts with racist undertones or those related to someone’s racial, national or ethnic origin.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141
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Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?
Partially.
Qualitative Info
Polish law (the Labour Code and the Act on the Implementation of Certain Provisions of the EU on Equal Treatment) contains general definitions of discrimination (direct discrimination, indirect discrimination and harassment) on the grounds of, e.g. race, ethnic origin and/or religion. There is no separate definition of discrimination on the grounds of race, ethnic origin and/or religion. The definitions used in Polish legal acts are very similar to those in the EU anti-discrimination legislation, however, they are not fully in accordance with them, i.e. in Polish law there is no definition of multiple discrimination.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700
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Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?
No.
Qualitative Info
The Polish Constitution forbids discrimination for any reason. According to the new Act on the Implementation of Certain Provisions of the EU on Equal Treatment, which entered into force on January 1, 2011, possible grounds of discrimination are: gender, sexual orientation, race and ethnic origin, age, disability, religion or belief, creed and nationality. It is a closed catalogue. The Labour Code introduces an open list of possible grounds of discrimination by using a phrase “particularly”, and these are: gender, age, disability, race, religion or belief, nationality, political convictions, ethnic origin, sexual orientation, trade union membership and type of employment (part-time and full-time contracts as well as contracts for definite or indefinite period of time).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
- Homophobia
- On grounds of disability
- On grounds of other belief
Key socio-economic / Institutional Areas
- Anti-discrimination
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Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?
Yes.
Qualitative Info
According to the Act on the Implementation of Certain Provisions of the EU on Equal Treatment, discrimination in access to goods and services on the ground of nationality is prohibited. The Labour Code forbids to discriminate on the ground of nationality, e.g. in access to employment, promotion and trainings, recruitment and work conditions.
The cases of discrimination on the ground of nationality in access to public goods and services or employment have been reported. One of the examples refers to the refusal to obtain family benefits granted to single parents by a female refugee from Chechnya. There are also instances of discrimination of Roma people or African students in access to services (restaurants and night clubs), and unjustified unequal treatment of people of different nationality in employment, education or housing.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Nationalism
Key socio-economic / Institutional Areas
- Anti-discrimination
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Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?
Yes/No.
Qualitative Info
Statelessness is not mentioned in Polish law directly as a ground of discrimination, however, the Polish Constitution states that no one shall be discriminated against in political, social or economic life for any reason whatsoever. It means that also discrimination on the ground of statelessness would not be lawful. A stateless foreigner may benefit from economic or social rights according to the legal status he or she obtained in Poland. A stateless person who resides illegally in Poland is deprived of economic or social rights.
There is no data available on the cases of discrimination on the ground of statelessness in access to public goods and services and/or deprivation of economic and social rights.
Groups affected/interested
- Migrants
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
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Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?
No.
Qualitative Info
The objective scope of Polish law – the Act on the Implementation of Certain Provisions of the EU on Equal Treatment – is too narrow in comparison to the EU Directives. The Act is applied in the field of, e.g. social security. The Directive 2000/43/EC specifies that it shall be applied in relation to social protection, including social security or social advantages. However, the notion of “social security” is not identical with much wider notions used in the Directive. The Act grants the protection against discrimination to different groups (possessing characteristics protected by law) in a different scope, which de facto means unjustified differentiation of their legal status.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700
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Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
Yes.
Qualitative Info
According to the Act on the Implementation of Certain Provisions of the EU on Equal Treatment, two public bodies were granted competences in the field of equality and non-discrimination: the Human Rights Defender and the Government Plenipotentiary for Equal Treatment. The Human Rights Defender is an independent authority who has the right to receive and investigate complaints. The Ombudsman examines facts described by a complainant and can apply to another control body for examination of the case if he or she establishes that the principle of equal treatment has been violated. A victim of discrimination in employment may also report to the National Labour Inspectorate. Cases of discrimination based on racial, national or ethnic origin may be also filed in the Monitoring Team on Racism and Xenophobia set up in the Ministry of Interior.
In connection with the division of the Ministry of Interior and Administration into two units – the Ministry of Interior and the Ministry of Administration and Digitization – and the fact of taking over other competences by the Monitoring Centre on Racism and Xenophobia from 23 December, 2011, the body functions as Human Rights Committee. The scope of competences of the new body includes, among others, monitoring cases concerning hate crimes and taking action against such phenomena.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
- Inter-ethnic
- Intra-ethnic
- Nationalism
- Homophobia
- On grounds of disability
- On grounds of other belief
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700
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Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?
Partially.
Qualitative Info
Certain data on racial discrimination is collected by the Monitoring Team on Racism and Xenophobia in the Ministry of Interior, which gathers information on events of racist, xenophobic and anti-Semitic nature. However, the collecting is not done in a systematic and structured way, so there is not overall data. Besides, the data is not used as a means of monitoring and reviewing policies and practices to combat racial discrimination, and promote racial equality. The Ministry of Justice collects general statistics on all criminal acts processed in the judicial system – it also has access to the statistics on hate crimes, crimes against freedom of conscience and creed, the complaints about acts of discrimination, and the general statistics on discrimination in the workplace (it is not possible to indicate within this data cases of discrimination on the grounds of race exclusively). The Police and the Public Prosecutor's Office have their own data. What is problematic about these systems is the fact that they are not coherent and connected with each other.
In connection with the division of the Ministry of Interior and Administration into two units – the Ministry of Interior and the Ministry of Administration and Digitization – and the fact of taking over other competences by the Monitoring Centre on Racism and Xenophobia from 23 December, 2011, the body functions as Human Rights Committee. The scope of competences of the new body includes, among others, monitoring cases concerning hate crimes and taking action against such phenomena.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
External Url http://www.mswia.gov.pl/portal/pl/99/204/Dzialalnosc; http://bip.ms.gov.pl/pl/dzialalnosc/statystyki/
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Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?
Yes.
Qualitative Info
According to the Act on the Implementation of Certain Provisions of the EU on Equal Treatment, the undertaking of measures which aim at preventing unequal treatment or compensating inconveniences linked to unequal treatment shall not be considered discrimination. The Polish Labour Code provides for the possibility to undertake actions for a definite period of time by reducing virtual inequality to their advantage. They aim at compensating for disadvantages of all or a significant number of employees having one or more characteristics protected by law.
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
- Religious minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700
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Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?
Yes, but there are not many of them.
Qualitative Info
In 2001-2003 the Polish Government (the Ministry of Interior) launched a pilot program dedicated to the Roma minority in Poland. Since 2004 the program has been accomplished on the whole territory of Poland. The program aims at improving the situation of Roma in the following areas: education, health care, unemployment, counteracting hate crimes, promotion of Roma culture and traditions. There is also a special government subsidy granted every year for the activities aiming at sustaining, promoting and developing the cultural identity of national and ethnic minorities, as well as the regional language.
In 2012, the project of the Social Roma Integration Strategy for years 2014-2020 was published. It aims to develop the mechanisms that will influence the level of social Roma integration in Poland due to activities in the areas of education, professional activation, healthcare and improvement of housing conditions. The programme has currently gone through first stage of public consultations.
Source: the Ministry of Interior and Digitization
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Housing
- Health and social protection
- Education
- Culture
- Integration - social cohesion
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Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?
Yes, they are famous mostly for their racist statements.
Qualitative Info
In 2008, one of the members of the Polish Parliament (a member of the right-wing party), on the occasion of the United States presidential election, when Barack Obama was chosen President, stated publicly in the Sejm (Lower House of Parliament) that his victory marks “the end of the civilisation of the white man”. He also called Obama “the black Messiah of the new left”.
The Prawo i Sprawiedliwość (Law and Justice) right wing opposition party MP Marek Suski, at a Sejm Commission session, mentioned the Nigerian-born Platforma Obywatelska MP John Godson: “Your Negro is voting with you” [1&2]. Suski is known for several other insults, among others, at the Sejm debate on the Animal Protection Act when Robert Biedroń spoke. While the Ruch Palikota Party (Palikot's Movement) MP, first openly gay member of parliament in Poland, was delivering his speech, Marek Suski compared partnerships to zoophilia.
Racist statements were also heard from the vice-president of Gdańsk Andrzej Bojanowski who, asked about his impressions of the match, said in the interview for Radio Gdańsk after the 2012 EURO finished: “(...) I am thankful to all units of public service for the fact that we were able to behave like normal people, civilized, white people”. Although the vice-president apologized for his words and the whole thing was considered accomplished, the activists from Sojusz Lewicy Demokratycznej in Gdańsk (Democratic Left Alliance) have demanded his resignation [3].
The lawsuit of a border guard Tomasz D. has just begun in the District Court in Białystok. The man commented on refugees on the Internet in an insulting manner, using the words: “Caucasian layabouts”, “scum”, “group of aggressive parasites”. The border guard was accused of the crime of insult of persons of Chechen nationality and incitement to hatred. Yet he has pleaded not guilty. He believes that his statements do not insult anyone, being merely the quotations from Polish and European media dealing with migration policy. He has been suspended from his duties [4].
Sources:
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Gazeta.pl, 26.01.2012, Poseł PIS o czarnoskórym pośle PO: Wasz murzynek głosuje razem z wami (The Law and Justice MP about the Black MP of the Civic Platform party: your Negro is voting with you), http://radom.gazeta.pl/radom/1,35219,11035793,Posel_PiS_o_czarnoskorym_posle_PO___Wasz_murzynek.html#ixzz2FjBs03Rs, Accessed on 12.12.2012.
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TOK FM.pl, 27.01.2012, Wasz murzynek głosuje z wami (Your Negro is voting with you), http://www.tokfm.pl/Tokfm/1,103454,11044223,_Murzynek_glosuje_z_wami___Antropolog__slowa_absolutnie.html, Accessed on 12.12.2012.
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Polskie Radio.pl, 12.06.2012, Wiceprezydent straci posadę za rasistowskie słowa? (The vice-president will loose his post for the racist statements?), http://www.polskieradio.pl/5/3/Artykul/623972,Wiceprezydent-straci-posade-za-rasistowskie-slowa, Accessed on 12.12.2012.
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Gazeta Wyborcza.pl, 13.12.2012, Strażnik Graniczny odpowiada za nawoływanie do nienawiści (The Border Guard officer is standing trail for incitement to hatred), http://wyborcza.pl/1,75478,13040223,Straznik_graniczny_odpowiada_za_nawolywanie_do_nienawisci.html, Accessed on 13.12.2012.
Groups affected/interested
- Refugees
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Africans/black people
Type (R/D)
- Afrophobia
- Homophobia
- Xenophobia
Key socio-economic / Institutional Areas
- Internet
- Political discourse -parties - orgs
External Url http://wiadomosci.gazeta.pl/wiadomosci/1,114873,5899626,Posel_PiS__Obama_to_koniec_cywilizacji_bialego_czlowieka.html
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Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?
Yes.
Qualitative Info
Victims of discrimination can seek legal support in the Human Rights Defender's office where they can obtain free legal advice. They may also receive free legal aid concerning their employment rights in the National Labour Inspectorate. Everybody may go to court and bring an action at law. They may ask to exempt from court costs and grant him or her a legal representative who would act on his or her behalf. However, a law on free legal aid still has not been adopted.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
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Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
Yes.
Qualitative Info
Both the Labour Code and the Act on the Implementation of Certain Provisions of the EU on Equal Treatment foresee the shift of burden of proof in civil procedures. The Code of Administrative Procedure does not contain such a rule. There is no data available on possible problems of implementation of this principle.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700
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Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
Yes.
Qualitative Info
Pursuant to the Polish Code of Civil Procedure, the organisations (associations) whose statutory activity is the protection of the equal treatment rule have the right to engage in judicial procedure either on behalf or in support of the complainant, with his or her approval. They may initiate the procedure or enter the proceeding at any stage. In the criminal proceeding a representative of an organisation (whose statutory aims concern the protection of human rights and freedoms) may apply to join the process if there is a need for the protection of common or important individual interest. According to the Code of Administrative Procedure, an organisation may claim to initiate or join the proceeding in the case of another person if it is justified by the statutory aims of this organisation, and it is in the common interest.
In May 2012, the amendment to the code of civil procedure entered into force, among others, including the possibilities of participation of social organisations in court proceeding. The term “social organisations” was replaced with the notion “non-governmental organisations”. Apart from the linguistic correction, some technical issues concerning the acts of bringing action against someone in the name and for the sake of citizens have been made precise. Nevertheless, elementary regulations concerning the representation in cases of unequal treatment have been unchanged.
Source:
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Ustawa z dnia 16 września 2011 r. o zmianie ustawy — Kodeks postępowania cywilnego oraz niektórych innych ustaw, (Act of 16 September 2011 on change of the act - Code of civil procedure and some other acts), Dz. U. z 2011 r., Nr 233, poz. 1381, http://isap.sejm.gov.pl/DetailsServlet?id=WDU20112331381, Accessed on 12.12.2012.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Anti-discrimination
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Ustawa z dnia 16 września 2011 r. o zmianie ustawy — Kodeks postępowania cywilnego oraz niektórych innych ustaw, (Act of 16 September 2011 on change of the act - Code of civil procedure and some other acts), Dz. U. z 2011 r., Nr 233, poz. 1381, http://isap.sejm.gov.pl/DetailsServlet?id=WDU20112331381, Accessed on 12.12.2012.
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Is class action or actio popularis possible? (court claims or action in the name of a group)
Yes.
Qualitative Info
On 19 July 2010 the Act on Pursuing Claims in Group Proceedings came into force which introduces the institution of class action to Polish law. According to this Act a group of at least ten (natural or legal) persons can jointly pursue their claims in a so-called class action. This legal remedy allows a number of similar cases brought by different entities to be examined in a single civil proceeding. Its aim is to make the pursuing of claims by consumers more efficient and, at the same time decrease the costs of proceedings. The benefits for undertakings (possible defendants) include a decrease in costs and the possibility of solving similar disputes in one proceeding and by uniform decisions. However, the scope of application of the Act has been limited to claims in the following cases: consumer rights, product liability, acts in tort. Claims for the protection of personal interests cannot be pursued in group proceeding.
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Are sanctions foreseen/provided by anti-discrimination legislation?
Yes.
Qualitative Info
According to the Act on the Implementation of Certain Provisions of the EU on Equal Treatment, any person (physical or legal) who was subjected to unequal treatment is entitled to compensation. In such cases, the regulations of the Polish Civil Code will be applied. It means that a victim of discrimination may claim restitution of the former status (restitution of rights) or financial compensation for damages occurred due to unjustified unequal treatment and compensation for moral injury. According to the Labour Code, a victim of discrimination in employment has the right to compensation not lower than minimal remuneration according to the state-set rates, but also to terminate the contract without notice.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700
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Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
Yes.
Qualitative Info
According to the Act on the Implementation of Certain Provisions of the EU on Equal Treatment, any person (physical or legal) who was subjected to unequal treatment is entitled to compensation. In such cases, the regulations of the Polish Civil Code will be applied. It means that a victim of discrimination may claim restitution of the former status (restitution of rights) or financial compensation for damages occurred due to unjustified unequal treatment and compensation for moral injury. According to the Labour Code, a victim of discrimination in employment has the right to compensation not lower than minimal remuneration according to the state-set rates, but also to terminate the contract without notice. In practice, in the cases when discrimination was proved in court, financial compensation is granted.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700
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Are there any problems concerning the implementation of national legislation prohibiting discrimination?
Yes.
Qualitative Info
One of the problems in the Polish society is poor knowledge and low awareness of what discrimination is, how to defend one's rights and of anti-discrimination legislation, which can be also observed among law enforcement officers, professional advisers and judges dealing with these matters. Another barrier is incorrect and incomplete implementation of the EU Directives. Besides the Act sets up a minimum standard of the protection against unjustified unequal treatment which is not the same for everybody (for example a disabled person is not protected by the Act within the area of education or healthcare). Moreover, the Act vests the competences of an equality body with the Polish Ombudsman who has not obtained any financial support in order to perform new tasks. There is a risk that the Ombudsman's Office activity in this respect would remain illusive.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Anti-discrimination
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Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?
No.
Qualitative Info
Until now, such evaluation has not been done by the state authorities. The assessments of the functioning of anti-discrimination law and the implementation of the EU Directives are run by non-governmental organisations.
Key socio-economic / Institutional Areas
- Anti-discrimination
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Is racial discrimination defined in national law?
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Policing - Law Enforcement - Justice
The issue of racism and discrimination is partially included in the trainings for future police officers. There are not any police professional associations that endorse anti-migrant/anti-minority agendas. Some immigrants report to the NGOs that they were mistreated by the police because of their ethnicity and the police is reluctant to investigate the racially motivated offences. The number of hate crimes may not be reported to law enforcement agencies or included in official statistics.
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Is there evidence or indication that the police force engages in ethnic profiling?
Yes/No.
Qualitative Info
There is no evidence that the police force engages in ethnic profiling, however, some immigrants signalled that they were mistreated by the police because of their ethnicity. There is a case of a migrant from Chechnya (who obtained international protection and resides in Poland legally). He was a witness in the case of his friend but was unlawfully detained by the police and humiliated due to his nationality, together with two other Chechens. The court found the detention procedure unlawful, and the application for compensation was lodged.
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf
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Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?
Yes.
Qualitative Info
According to official statistics, the number of crimes committed in Poland with reference to race, nationality or ethnicity is small. It is believed, however, that a significant number of these acts may not be reported to law enforcement agencies or included in statistics. However, there are no alternative statistics to the official ones, showing the difference between racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities. Experts suggest several reasons that lead to the underestimation of these statistics. These are: the present legislation (not all forms of racism are penalized), forms of collecting and processing of official statistics, improper statistical qualification of crimes by law enforcement officers (by leaving out the racial component), and the victims' failure to report incidents to such law enforcement agencies. These last two reasons are confirmed by qualitative research and indicated in reports of international institutions such as the ECRI. The most affected are people of African or Asian origin.
Sources:
ECRI report on Poland (forth monitoring cycle), 2010.
Agnieszka Mikulska, Rasizm w Polsce. Raport z badań wśród osób, które doświadczyły przemocy ze względu na swoje pochodzenie etniczne, rasowe lub narodowe, Helsińska Fundacja Praw Człowieka, Warszawa 2010.
W. Klaus, J. Frelak (eds), Metodologia przygotowania bazy danych do identyfikacji zjawisk o charakterze dyskryminacyjnym, ksenofobicznym czy rasistowski, Instytut Spraw Publicznych, Stowarzyszenie Interwencji Prawnej, Warsaw 2009.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Majority
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-racism
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Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?
No.
Qualitative Info
There is no evidence that areas containing significant numbers migrants and minorities are policed in different ways than others.
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Do migrants/minorities face disproportionate problems in accessing justice?
Yes.
Qualitative Info
There is no evidence that migrants/minorities face disproportionate problems in accessing justice.
However the foreigners applying for a refugee status encounter problems with executing their right to go to court in a situation when, having received a negative decision obliging them to leave the territory of the Republic of Poland, they lodge a complaint at Voivodship Administrative Court. In many cases, before they have time to prosecute the final decision on the denial of granting them the status of a refugee or before the above mentioned court processes their case, they are deported from Poland. Such an action of the border guards violates their constitutional right to go to court as well as the European Union law concerning the persons in need of international protection. Such a practice makes it unable too, for administrative courts, to control efficiently the decisions of administrative organs issued within refugee proceedings. At the same time, the practice violates the constitutional principle of check and balance, and questions the importance of court power.
Source:
- Helsińska Fundacja Praw Człowieka, 3.12.2012, Wydalenie cudzoziemca może naruszyć jego prawo do sądu (Deportation of a foreigner may violate his or her right to go to court), http://programy.hfhr.pl/uchodzcy/wydalenie-cudzoziemca-moze-naruszyc-jego-prawo-do-sadu-2012/, Accessed on 12.12.2012.
Groups affected/interested
- Asylum seekers
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://programy.hfhr.pl/uchodzcy/wydalenie-cudzoziemca-moze-naruszyc-jego-prawo-do-sadu-2012/
See other countriesSee indicator history -
Is there evidence of differential sentencing?
No.
Qualitative Info
There is no evidence of differential sentencing of migrants, minorities and majority.
See other countriesSee indicator history
-
Is there evidence or indication that the police force engages in ethnic profiling?
-
Employment
Sometimes the National Labour Inspectorate or NGOs reveal isolated cases of discrimination against migrants, including in respect to wages. There are legal obstacles in access to employment in the public sector since the non-Poles can work there only on positions, where the tasks would not concern exercising public authority or protection of the interests of the state. The migrants can work in Poland if they obtain a work permit unless they are exempted of this obligation.
-
Differential unemployment levels/rates of migrants?
No data.
Qualitative Info
There is no data in this area. Quantitative studies, such as the Labour Force Survey and the EU-SILC, do not provide knowledge about the unemployed foreigners in Poland due to their marginal share in the sample. Most migrants residing in Poland are here because of work, so it seems likely that unemployment in this group is even lower than among the majority.
Source: Polakowski M., Imigranci z krajów trzecich na polskim rynku pracy, Warsaw: Center for International Relations, 2010.
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Employment - labour market
-
Differential unemployment levels/rates of minorities?
Yes.
Qualitative Info
Among the national and ethnic minorities only the Roma stand out from the rest of society with regard to their situation in the field of employment. The rate of unemployment and vocational inactivity reaches 90% nationwide - according to data provided regularly to the Ministry of Interior and Administration by provincial governors, the percentage of unemployed in particular regions ranges from 50 to 100.
Source: Ministry of Interior and Administration, Notatka dotycząca działań związanych z aktywizacją Romów na rynku pracy, dated 07.06.2010, unpublished material made available upon request.
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
-
Differential pay rates?
Yes.
Qualitative Info
There is no statistical data in this area. From time to time media, the National Labour Inspectorate or NGOs reveal isolated cases of discrimination against migrants, including in respect to wages. These mainly concern employees from the eastern countries.
Source: National Labour Inspectorate
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Employment - labour market
-
Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
No.
Qualitative Info
There are no legal barriers for migrants and minorities to become members of trade unions. However, no information is available on whether migrants or representatives of minorities belong to trade unions, or whether they have a practical problem in signing up.
Key socio-economic / Institutional Areas
- Employment - labour market
-
Legal obstacles to access employment in the public sector under equal conditions for migrants
Yes.
Qualitative Info
Non Polish European Union citizens and citizens of other countries, which under international agreements or provisions of Community law are entitled to employment on the territory of the Republic of Poland, can work in civil service, but only on positions, where the tasks they perform do not directly or indirectly involve participation in exercising public authority and functions aimed at protecting the general interests of the state.
Source: Act of 21 November 2008 on civil service. OJ (Dz.U. 2008 no. 227 item 1505)
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Employment - labour market
-
Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions
No.
Qualitative Info
There are no legal barriers for migrants and minorities to become members of trade unions. However, no information is available on whether migrants or representatives of minorities belong to trade unions, or whether they have a practical problem in signing up.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Employment - labour market
-
Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?
Yes.
Qualitative Info
A positive initiative against discrimination at the workplace is a diversity charter which aims at encouraging companies to implement and develop diversity policies. The document is a written obligation signed by a company which declares to introduce the prohibition on discrimination in the workplace and decides to undertake measures to create and promote diversity. In 2012, the Polish Diversity Charter was launched by the Responsible Business Forum in collaboration with the Office of the Government Plenipotentiary for Equal Treatment and the Office of the Polish Human Rights Defender. So far, more than 40 companies, NGOs and other institutions have already signed it.
Source:
- Forum Odpowiedzialnego Biznesu, Karta Różnorodności (the Diversity Charter), www.kartaroznorodnosci.pl, Accessed on 12.12.2012.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
- Africans/black people
- National minorities
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
- Afrophobia
- Arabophobia
- Homophobia
- On grounds of disability
- On grounds of other belief
- Anti-roma/ romaphobia
- Xenophobia
Key socio-economic / Institutional Areas
- Employment - labour market
-
Differential unemployment levels/rates of migrants?
-
Housing & Segregation
In general there is no segregation between minority groups and the majority population aside from several exceptions in southern Poland where Roma clusters are separated from the remainder of the locality. There are also areas that are inhabited primarily by some other national and ethnic minorities. The NGOs reported the examples of denial of housing for migrants and refugees (social or communal housing). It happens that the private landlords are reluctant to rent apartments to migrants.
-
Is there evidence of significant levels of segregation between migrant groups and the majority population?
No.
Qualitative Info
There is no evidence of significant levels of segregation between migrant groups and the majority population.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Housing
-
What is the ethnic origin of the highly segregated migrant group?
No applicable.
Qualitative Info
No applicable.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Housing
-
Is there evidence of significant levels of segregation between minority groups and the majority population?
No.
Qualitative Info
There is no evidence of significant levels of segregation between minority groups and the majority population aside from several exceptions in southern Poland where Roma clusters are separated from the remainder of the locality. Moreover, there are areas that are inhabited primarily by some other national and ethnic minorities (e.g. the Puńsk municipality by Lithuanians) what stems from tradition and historical processes.
Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
- Religious minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Housing
External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf
See other countriesSee indicator history -
What is the ethnic origin of the highly segregated minority group?
Roma.
Qualitative Info
In southern Poland there are some Roma clusters separated from the remainder of the locality. Most Roma are dispersed throughout towns with populations of more than 10 000. This is the result of government policy in communist Poland, which quartered Roma in ways that would facilitate their assimilation. This was not always successful, as counties did not always have sufficient housing resources in various parts of a given locality. As a result, and also due to their own preferences – as the Roma sometimes desired an appropriate location for their horses – it happened that the Roma were settled near each other at the outskirts of towns. Over the years, some moved to other parts of the city, while the cities themselves expanded. Consequently, there are some large Roma communities/neighbourhoods, though clusters of several Roma homes are far more frequent.
Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Housing
External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf
See other countriesSee indicator history -
Is there evidence of majority driven segregation ("white flight" phenomenon)?
No.
Qualitative Info
There is no evidence of majority driven segregation ("white flight" phenomenon). However, it does happen that non-Roma communities protest when the Roma move into their neighbourhood. In 2005, in the town of Szczecinek, protests erupted in the county office against the move of a Roma single mother with three children to a communal flat in another part of the town. In October 2008, 69 people signed a protest delivered to the chair of the city council in the town of Żary against plans to quarter Roma in social flats located on Szkolna Street. In early 2006, a conflict erupted between non-Roma and Roma residents of a social housing project on Roma Street in Puławy. A year prior, city officials housed Roma families and eight Polish families in a 78-flat building, as part of an integration programme. Four of the Polish families petitioned the city president to be moved, arguing that having the Roma as neighbours constituted an undue hardship. Some protests against establishing centres for refugees were also observed (among others in Łomża).
Source: Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
Groups affected/interested
- Refugees
- Roma & Travelers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Housing
External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf
See other countriesSee indicator history -
Is there evidence of denial of housing/housing rights for certain ethnic groups?
NGOs report the examples of denial of social housings for migrants and refugees.
Qualitative Info
Some NGOs reported the examples of denial of housing/housing rights for migrants and refugees. It concerned especially these migrants who want to apply for social or communal housing. The problem of denial of housing/housing rights has not yet been thoroughly investigated and due to this fact it is not possible to assess the scale of this fenomen. There is not data regarding forced envictions.
Source: Witold Klaus, Katarzyna Wencel, Discrimination against foreigners in Poland 2008-2010, Warsaw 2010.
Groups affected/interested
- Migrants
- Refugees
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Housing
External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf
See other countriesSee indicator history -
Is there evidence that migrant/minority groups face especially serious problems in accessing housing of an acceptable quality?
Yes.
Qualitative Info
Large part of Roma minority lives in bad housing conditions. Some Roma residents lack running water, heating, electricity, washrooms or sewage. Financial shortfalls prevent periodic total renovations of flats as well as ongoing maintenance such as painting, removing fungus from walls, heating installation, ect. As a result, these dwellings remain in a terrible state of disrepair. Buildings erected without building permits are in the worst condition and some even violate the building code. Many Roma dwellings are overcrowded. The most dramatic housing situation is in southern Poland.
Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Housing
External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf
See other countriesSee indicator history -
Migrant or minority group which faces especially serious problems in accessing housing of an acceptable quality?
Roma people lives in bad housing conditions.
Qualitative Info
Generally a lot of Roma people lives in bad housing conditions. However, the situation is different in particular regions and towns. The most dramatic housing situation is in southern Poland, especially in Roma settlements in the towns of Maszkowice, Koszary and Krośnica.
Source: Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Housing
External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf
See other countriesSee indicator history -
Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
Yes.
Qualitative Info
For several years now experts and NGO staff have been drawing attention to the fact that landlords are reluctant to rent apartments to migrants. Some of them demand higher fees from immigrants than from Poles. There are cases where the owners simply say they do not want to rent the apartments to foreigners, but there are currently no studies clearly indicating to what extent this is the result of discrimination and to what extent the landlords’ ‘economic calculations’.
Because of financial reason Roma cannot afford to rent or purchase their own homes at market prices. There are no data suggesting the Roma’s access to private housing was limited by factors other than lack of affordability.
Sources:
Wysieńska, K., Ryabińska, N. (2010), Bezdomność uchodźców w Polsce – wyniki badania pilotażowego, Instytut Spraw Publicznych, Warszawa 2010.
Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Housing
-
Affected group with particular difficulties in purchasing or renting property of own choice
Roma and refugees from Chechenia face problem in purchasing or renting property.
Qualitative Info
The problem of access of immigrants to housing seems to have the most painful impact on refugees (which are mainly Chechens), especially in the case of single mothers and families with many children faced particularly by. According to expert`s estimates, homelessness affects 20–30% of the refugees.
The second affected group is Roma community. Due to the lack of the money they cannot afford to rent or purchase their own homes at market prices. The low and irregular incomes of the Roma mean they have problems paying rent for flats, even when renting at relatively low prices. This is why they generally reside in communal housing (sometimes these are social housing); estimates are that about 80% live in communal homes and 20% own their own flats or houses.
Sources:
Wysieńska, K., Ryabińska, Bezdomność uchodźców w Polsce – wyniki badania pilotażowego, Instytut Spraw Publicznych, Warszawa 2010.
Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
Groups affected/interested
- Refugees
- Roma & Travelers
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Housing
-
Is there evidence of significant levels of segregation between migrant groups and the majority population?
-
Education
Among the national and ethnic minorities only the Roma stand out from the rest of society with regard to their situation in the field of education. The governmental Programme for the Roma Community includes an “Education” component as its priority. Students belonging to national and ethnic minorities may obtain education in their native language. There are positive initiatives designed to solve problems of discrimination, racism or xenophobia in schools carried out by NGOs.
-
Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
82 % of Roma childern attands schools.
Qualitative Info
In 2011, in comparison to the previous year, the ratio of school attendance of Roma children grew slightly – from 72,8% in 2010 up to 74,4% in 2011. In the context of the whole country the number of Roma children subject to schooling duty increased about 8,7% on average. However, among national and ethnic minorities the Roma still stand out from the rest of society with regard to their situation in the field of education.
Source:
- Ministry of Administration and Digitization, Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2011 (Report on the realization of the Programme for the Roma Community in 2011), http://www.msw.gov.pl/portal/pl/628/Program_na_rzecz_spolecznosci_romskiej_w_Polsce_w_2011_r.html, Accessed on 12.12.2012.
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Education
-
Practical obstacles and evidence of problems and differential enrollment rates for migrants?
Qualitative Info
There is no data showing practical obstacles and evidence of problems and differential enrollment rates for migrants.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Education
-
Poorer educational performance by certain groups?
Learning outcomes of Roma chidren are still rather poor.
Qualitative Info
Learning outcomes of Roma chidren are rather poor - the point average oscillating between 2 and 3 on a scale of 1–6 (1 is lowest grade - negative) [1].
In 2011, several voivodeships witnessed the improvement of results in education, yet the growth is slight enough to make objective evaluation difficult.
Source:
- Ministry of Interior and Administration, 23.05.20111, Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2010, (Report on the realization of the Programme for the Roma Community in 2011), http://www.msw.gov.pl/portal/pl/566/9139/Sprawozdanie_z_realizacji_Programu_na_rzecz_spolecznosci_romskiej_w_Polsce_za_ro.html, Accessed on 11.11.2011.
- Ministry of Administration and Digitization, 31.05.2012, Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2011 (Report on the realization of the Programme for the Roma Community in 2011), http://www.msw.gov.pl/portal/pl/628/Program_na_rzecz_spolecznosci_romskiej_w_Polsce_w_2011_r.html, Accessed on 12.12.2012
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Education
-
Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?
School attendance of Roma children is around 75%, which is lower then avarage.
Qualitative Info
School attendance of Roma children is around 75%, which is lower then avarage.
In 2011, the ratio of school attendance of Roma children was 74,4%, which is lower then average [1].
Another problem is exercising migrant minorities' right to education during their stay in a guarded centre since they do not have any classes provided in the centres nor they are driven to nearby schools. According to the Polish Constitution, all children under 18 years of age staying within the territory of the Republic of Poland are subject to schooling duty, no matter what their legal status is, including foreign children, whether they are staying in Poland legally or not. The monitoring conducted by the NGOs shows yet that the right to education is virtually not exercised at guarded centres at all [2].
Source:
- Poland/ Ministry of Administration and Digitization, Report on the realization of the Programme for the Roma Community in 2011 (Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2011), Warsaw 2012
- Association for Legal Intervention, The observance of the foreigners’ rights in guarded centres. Monitoring report, Warsaw 2011, Association for Legal Intervention and the Helsinki Foundation for Human Rights, Migration is not a crime, Warsaw 2012, www.interwencjaprawna.pl
Groups affected/interested
- Migrants
- Roma & Travelers
- Asylum seekers
Type (R/D)
- Anti-roma/zinghanophobia
- Xenophobia
Key socio-economic / Institutional Areas
- Education
-
Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?
Yes.
Qualitative Info
The governmental, nationwide Programme for the Roma Community includes an “Education” component as its priority. In the framework of this Programme different solutions are being implemented to support and improve the education of Roma children. They include, among others, employing Roma education assistants and supporting teachers, psychological and pedagogical programmes for children and parents, organisation of compensatory courses and recreational and leisure activities.
Source: Poland / Ministry of Interior and Administration, Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2010, Warszawa 2011
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Education
-
Victimisation in schools (bullying/harassment/racist violence) ?
Yes/No
Qualitative Info
The problem of victimisation in schools has not yet been thoroughly investigated. The experience of NGOs shows that there are cases of conflicts between Polish and foreign children where there is a larger group of foreign children. These cases involved for example schools attended by children from the centre for refugees. In schools attended by individual migrant children, there are cases of persecution of these children (especially those distinctive in appearance), including also acts of violence. There is no data providing an opportunity to estimate the scale of this phenomenon; however, it does not appear to be escalated.
Sources:
N. Bloch et al., Od gości do sąsiadów. Integracja cudzoziemców spoza Unii Europejskiej w Poznaniu w edukacji, na rynku pracy i opiece zdrowotnej, Poznań, Centrum Badań Migracyjnych UAM, 2010.
N. Bloch et al., Cudzoziemcy w Poznaniu: praca, zdrowie, edukacja, Poznań: Centrum Badań Migracyjnych UAM, 2010.
Agnieszka Mikulska, Rasizm w Polsce. Raport z badań wśród osób, które doświadczyły przemocy ze względu na swoje pochodzenie etniczne, rasowe lub narodowe, Helsińska Fundacja Praw Człowieka, Warszawa 2010.
Groups affected/interested
- Migrants
- Refugees
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Education
External Url http://www.cebam.amu.edu.pl/images/stories/raportefi/raportefi.pdf, http://www.hf.org.pl/raporty/rasizm_w_polsce.pdf
See other countriesSee indicator history -
Provision of option to learn mother language other than the majority's
Yes.
Qualitative Info
Recognized by law national and ethnic minorities have the right to establish their own educational and cultural institutions as well as those that serve to protect their religious identity and participate in resolution of cultural identity issues. Public schools enable students to maintain their national, ethnic, language and religious identities, in particular, through the study of language and their own history and culture. Students belonging to national and ethnic minorities receive essentially the same education as other children. However, in accordance with applicable law, they may obtain education in their native language or additionally study the minority language, history, geography and culture. Such education is organized on a discretionary basis, meaning the school director is obligated to organize it when minority parents or students declare interest therein. The form of the education desired is presented when filing a declaration of interest. Polish law provides for the following possibilities:
a) schools and preschools with the native language as the language of instruction,
b) bilingual schools and preschools,
c) schools with supplementary education of the native language for members of the minority,
d) interscholastic sections with supplementary education of the native language for members of the minority.
In the year 2010, the following minorities exercised these rights: Belarusians, Lithuanians, Germans, Armenians, Russians, Slovaks, Ukrainians, Jews, Lemkos. The most popular form of organized minority education is schools with supplementary study of the native language. Education of national and ethnic minorities is financed through the state budget.The above regulations apply to national and ethnic minorities as well as to the community using regional language, but not to migrants.
Source: Act as of 7 September 1991 r. on System of Education (Dz.U. 1991 nr 95 poz. 425)
Groups affected/interested
- Ethnic minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19910950425
See other countriesSee indicator history -
Evidence of school segregation and/or policies of separate/distinct schooling of migrants
There is no evidence of segregation and/or policies of distinct schooling of migrants.
Qualitative Info
There is no evidence of segregation and/or policies of distinct schooling of migrants.
See other countriesSee indicator history -
Evidence of school segregation and/or policies of separate/distinct schooling of minorities
Yes.
Qualitative Info
The concept of creating separate classes for Roma children appeared in Poland in the 1990s. Their aim was to encourage the Roma to gain an education. In practice, it turned out that they result in lowering the level of teaching in these classes and to discrimination and exclusion. Therefore, since the first half of the 2000s, there has been a gradual abolishment of Roma classes. In 2008, the Minister of Education announced the liquidation of the last few classes that existed in this period.
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Education
-
Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
-
Health And Social Protection
The Roma minority is considered more vulnerable to various diseases in comparison with the rest of society. Higher morbidity and higher mortality is caused a.o. by the problems of economic nature and the non-use of public healthcare.. Not all groups of migrants have the same access to the social protection system and benefits, it depends on their legal status in Poland. Migrant and minority women encounter particular obstacles while accessing and receiving effective healthcare services.
-
Is there evidence of increased morbidity rates for minority and migrant groups?
No.
Qualitative Info
There is no such evidence available as far as migrants are concerned.
Concerning Roma people, this minority group is considered more vulnerable to various diseases in comparison with the rest of society. Higher morbidity and, in consequence, higher mortality, is caused, among others, by the problems of economic nature and the non-use of public healthcare by the Roma. This is the reason of the lower average length of life within Roma minority.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://msw.gov.pl/portal/pl/185/2982/Tresc_Programu.html
See other countriesSee indicator history -
Is there evidence of increased mortality rates for minority and migrant groups?
No.
Qualitative Info
There is no such evidence available as far as migrants are concerned.
Concerning Roma people, this minority group is considered more vulnerable to various diseases in comparison with the rest of society. Higher morbidity and, in consequence, higher mortality, is caused, among others, by the problems of economic nature and the non-use of public healthcare by the Roma. This is the reason of the lower average length of life within Roma minority.Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://msw.gov.pl/portal/pl/185/2982/Tresc_Programu.html
See other countriesSee indicator history -
Is there evidence of forced heatlhcare/intervention practices to minorities?
No.
Qualitative Info
There is no such evidence available.
Key socio-economic / Institutional Areas
- Health and social protection
-
Specific health issues such as diseases specific to particular groups
Tuberculosis, hepatitis B or C, anaemia, diabetes, circulatory system and respiratory system illnesses.
Qualitative Info
Migrants from Chechnya suffer relatively often from tuberculosis, hepatitis B or C, anaemia or laryngological problems. Roma people are vulnerable to various diseases more than other citizens. The most common diseases among them are as follows: diabetes, hepatitis B, circulatory system and respiratory system illnesses (asthma, bronchitis or pneumonia). Among Roma people living in the socially degraded settlements, there are cases of tuberculosis.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://interwencjaprawna.pl/docs/poza-systemem.pdf; http://msw.gov.pl/portal/pl/185/2982/Tresc_Programu.html
See other countriesSee indicator history -
Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?
Yes.
Qualitative Info
Not all groups of migrants have the same access to the social protection system and benefits. The citizens of EU, EEA or EFTA states and their families, the permanent residents, long-term EC residents, refugees and foreigners who obtained the subsidiary protection in Poland have full access to social assistance provided that they reside in Poland. Only certain groups of migrants who obtained a residence permit for a specified period of time have full access to social assistance. Most of them are denied any help in this respect. Foreigners who reside in Poland on the basis of tolerated stay have limited access to the social protection system – they have the right only to obtain shelter, meal, essential clothing or purposeful allowance. Certain forms of assistance may be also granted to victims of human trafficking. Undocumented migrants have no right to the social protection system and benefits.
Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20040640593; www.interwencjaprawna.pl/docs/poza-systemem.pdf
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Do migrants have a higher risk of poverty than the rest of the population?
Yes.
Qualitative Info
Forced migrants (asylum seekers) coming to Poland are at higher risk of poverty than the rest of the population due to, among others, their housing problems (homelessness or discrimination). Many migrants suffer from the situation on the labour market (worse working conditions, violation of workers' rights and instability of employment). Besides, certain groups of economic migrants (who do not have permanent stay in Poland) cannot count on help from the social welfare system in case of losing their job.
Source: W. Klaus (red.), A Promised Land? The conditions of work of the foreigners in Poland, Warsaw 2011 (in press).
Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Health and social protection
External Url www.isp.org.pl/uploads/pdf/246292626.pdf
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Is there evidence that migrant or minority women are particularly vulnerable in accessing and receiving effective health care services?
Yes.
Qualitative Info
In case of female refugees, migrant and minority women, they encounter particular obstacles while accessing and receiving effective healthcare services. One of the issues is related to gynaecological tests conducted by male doctors, which may be problematic particularly to Muslim migrant women or rape victims. Other difficulties reported by migrant women are: unsatisfactory childbirth care, limited access to antenatal care or long distances to medical facilities (especially from the refugee camps).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.ihif.eu/; www.interwencjaprawna.pl/docs/poza-systemem.pdf
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Are there policies and/or good practices accomodating culture/ traditions' respect in health care
No.
Qualitative Info
There are no such policies or good practices launched by the public bodies. The medical school curriculum includes no activities aiming to prepare future doctors to cure patients from different cultures. Neither the Office for Foreigners nor the Central Clinical Hospital of Ministry of Interior (where foreigners get treatment) organise trainings for medical stuff focusing on the specificity of work with a person from different culture, torture victims or PTSD patients. Assistance to foreigners in hospitals – the work done by volunteers from some NGOs – may be considered a good practice in this respect.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
Key socio-economic / Institutional Areas
- Health and social protection
External Url www.interwencjaprawna.pl/docs/poza-systemem.pdf
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Is there evidence of increased morbidity rates for minority and migrant groups?
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Political & Civic Participation
Only Polish and the EU citizens and who permanently reside in Poland have the right to vote and stand in/for the elections. The third country nationals are not entitled to do so. They have the right to assembly and associate in social organisations, trade unions and employers organisations, to set up and join foundations or to join political parties. There is the Common Commission of the Government and National and Ethnic Minorities, a consultative body established by law.
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Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote
No data available.
Qualitative Info
Only Polish citizens and the citizens of the European Union member states who permanently reside in Poland have the right to vote in national/local elections. However the EU citizens are entitled to vote just to the European Parliament and in local elections. Since the third country nationals are not entitled to vote, it is not possible to indicate any practical obstacles or problems in exercising their right.
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Political participation
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20110210112
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Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote
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Public Life, Culture, Sport & Media
According to Polish law foreigners residing in Poland may join together to form associations in accordance with the rules applicable to Polish citizens. There are no legal obstacles for minorities to exercise and manifest their religion and belief. Public media are required to account for the needs of minorities, however the respective laws are sometimes being implemented defectively. Racist incidents are rare in most sports, except for football.
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Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?
No.
Qualitative Info
In Polish law, a national minority is defined as a group of Polish citizens that collectively meets the following conditions: it is less in number than the remainder of the Polish population; it differs in a significant manner from other citizens by language, culture and tradition; it seeks to maintain its language, tradition and culture; it is conscious of its own historic national community and is inclined to express and protect it; has resided in the Republic of Poland for at least 100 years; and, it identifies with the nation organised in its own state. The definition of the ethnic minority is the same as the definition of the national minority except that the ethnic minority does not identify with a nation organised in its own state. This means that self-identification is not a sufficient enough criterion to be recognized as ethnic or national minority and, consequently, enjoy minority’s rights. For many years, Silesians have been unsuccessfully demanding recognition as a minority, even though in the 2002 census 173 thousand people declared Silesian nationality (experts on ethnic issues are not unanimous on whether it is actually possible to consider Silesians a minority). Due to the above legal definitions, migrant groups also cannot be treated as ethnic / national minorities.
According to the Act on National and Ethnic Minorities and Regional Language recognized national/ethnic minorities include Belarusians, Czechs, Lithuanians, Germans, Armenians, Russians, Slovaks, Ukrainians, Jews, the Roma, Lemkos, Karaims and Tatars. Kashebe are recognized as a group using regional language and enjoy the same linguistic rights as minorities.
Source: Act on National and Ethnic Minorities and Regional Language, Poland (Dz. U. 2005/17/141).
Groups affected/interested
- Ethnic minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Daily life
External Url http://msw.gov.pl/portal/pl/178/2958/Ustawa_o_mniejszosciach_narodowych_i_etnicznych_oraz_o_jezyku_regionalnym.html
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Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants
No.
Qualitative Info
According to the Law on Associations, the right to establish associations is granted to Polish citizens having full legal capacity and not deprived of public rights. Foreigners residing in Poland may join together to form associations in accordance with the rules applicable to Polish citizens. However, foreigners not having residence on the territory of the Republic of Poland may join associations, whose statutes provide for such a possibility (Polish law does not use the term migrant). There is a number of migrant associations operating in Poland.
In accordance with Polish law, anyone can enjoy the freedom of peaceful assembly. The Act on the right to assembly does not provide for exceptions in this regard due to the given person’s origin or nationality.
Sources:
Act of 7 April 1989 Law on Associations
Act of July 5, 1990 Law on Assemblies
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Culture
- Daily life
External Url http://lex.pl/serwis/du/2001/0855.htm, http://lex.pl/bap/student/Dz.U.1990.51.297.html
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Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities
No.
Qualitative Info
Minorities enjoy the freedom of assembly and freedom of association to an equal extent as other Polish citizens, because according to the Polish law national/ethnic minorities are defined as groups of Polish citizens that collectively meet the following conditions: it is less in number than the remainder of the Polish population; it differs in a significant manner from other citizens by language, culture and tradition; it seeks to maintain its language, tradition and culture; it is conscious of its own historic national community and is inclined to express and protect it; has resided in the Republic of Poland for at least 100 years.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Culture
- Daily life
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Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?
No.
Qualitative Info
There are no legal obstacles for minorities to exercise and manifest their religion and belief. According to the Polish law, national/ethnic minorities are defined as groups of Polish citizens that collectively meet the following conditions: it is less in number than the remainder of the Polish population; it differs in a significant manner from other citizens in terms of language, culture and tradition; it seeks to maintain its language, tradition and culture; it is conscious of its own historic national community and is inclined to express and protect it; it has resided in the Republic of Poland for at least 100 years. Being citizens, minorities enjoy the freedom of religion and belief to an equal extent as Polish citizens. In practice though, minorities draw attention to problems appearing from time to time, for example, related to taking days off from work and school during the period of religious holidays.
Groups affected/interested
- Ethnic minorities
- Religious minorities
Key socio-economic / Institutional Areas
- Religion
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Media: Are there positive measures for promoting or restrictions for Migrant and minority media?
Public media (radio and tv) are required to account for the needs of minorities, including broadcasting information programmes in minority languages.
Qualitative Info
Public media (radio and tv) are required to account for the needs of minorities, including broadcasting information programmes in minority languages. Minority language programming or content about minorities are broadcast in certain sections of regional Polish state television (TVP 3) in areas with minority populations. There are also three private radio stations broadcasting for minorities - Radio Racja (for Belarusians), Radio Kaszebe (for Kashubians), Radio Vanesa (for Germans). However, the respective laws are sometimes being implemented defectively: minority programming is broadcast during low point hours and on the selected local channels only (thus being unavailable for the minority members living outside a given area). In 2010, some television stations reduced the air time available for minority programming by as much as 50 per cent. Several programmes are facing the threat of termination due to the lack of financial resources. The minorities are not satisfied with their actual capacity to make use of the public media. The issue has been much discussed at meetings of The Joint Commission of the Government and National and Ethnic Minorities: the minorities objections concern both organisation and content-related problems and the cooperation with local TV stations. Apart from this, minority’s magazines (in minority language) are subsidized by the state budget. (in 2010, 36 minority’s magazines received financial support)
The above regulations apply only to national and ethnic minorities. There are no regulations concerning migrants, in the sense of the existence of any restrictions or positive measures. In practice, the creation of materials dealing with the subject matter of migrants or multiculturalism depends on the the good will of editors or individual journalists. At this point one should note that the degree of the implementation of the public media tasks described in the National Programme Against Racial Discrimination, Xenophobia and Related Intolerance 2004-2009 was so low that in the final report the objective of these tasks was considered unattained. From this one can conclude that the media’s interest in this subject matter is insignificant.
Sources:
Ministry of Interior, Raport dla Sekretarza Generalnego Rady Europy z realizacji przez Rzeczpospolitą Polską postanowień Europejskiej karty języków regionalnych lub mniejszościowych
Advisory Committee on the Framework Convention for the Protection of National Minorities, Second Opinion on Poland, adopted on 20 March 2009
Act on Radio and Television (Dz. U. 1993/7/34)
Groups affected/interested
- Ethnic minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Culture
- Media
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Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?
Public media (radio and tv) are required to account for the needs of minorities, including broadcasting information programmes in minority languages.
Qualitative Info
Public media (radio and tv) are required to account for the needs of minorities, including broadcasting information programmes in minority languages. Minority language programming or content about minorities are broadcast in certain sections of regional Polish state television (TVP 3) and radio in areas with minority populations. There are also three private radio stations broadcasting for minorities (Radio Racja for Belarusians, Radio Kaszebe for Kashubians, Radio Vanesa for Germans). However, the respective laws are sometimes being implemented defectively: minority programming is broadcast during low point hours and on the selected local channels only (thus being unavailable for the minority members living outside a given area). Apart from this, minority’s magazines (in minority language) are subsidized by the state budget (in 2010, 36 minority’s magazines received financial support).
The above regulations apply only to national and ethnic minorities; there are no regulations concerning the languages spoken by migrants.
Sources:
Act on Radio and Television, (Dz. U. 1993/7/34)Advisory Committee on the Framework Convention for the Protection of National Minorities, Second Opinion on Poland, adopted on 20 March 2009, http://www.coe.int/t/dghl/monitoring/minorities/3_fcnmdocs/PDF_2nd_OP_Poland_en.pdf
Groups affected/interested
- Ethnic minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Culture
- Media
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Sport: Effective participation of migrants in sport
It is difficult to assess effective participation of migrants in sport activities as only few migrants permanently reside in Poland.There are no studies or reports devoted to the issue of effective participation of migrants in sport.
Qualitative Info
It is difficult to assess effective participation of migrants in sport activities as only few migrants permanently reside in Poland.There are no studies or reports devoted to the issue of effective participation of migrants in sport. Majority of the foreigners come to work and stay in Poland for a relatively short time with only some of them deciding to settle down in the country. The number of second generation migrants is scanty which results from the nature of the long-standing communist system which curtailed the inflow of foreigners. Accordingly, participation of migrants in many sports is practically unnoticeable. There are, however, persons arriving in Poland as players engaged by certain clubs. They come from various countries of Africa, as well as Brazil, the Czech Republic and Slovakia. Most competitors of a non-Polish origin can be found in team sports such as basketball, and, above all, football. Foreign sportspersons are sometimes victims of racism, in particular football racism, which is quite visible in Poland.
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Sport
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Sport: Effective participation of minorities in sport
The lifestyle of ethnic and national minorities and their participation in sports activities do not differ from what is typical of the remaining part of the society.
Qualitative Info
The lifestyle of ethnic and national minorities and their participation in sports activities do not differ from what is typical of the remaining part of the society. An exception to that principle are the Roma who, due to a lower standard of living, have more limited access to the cultural goods, including sports. Central and local government authorities act for improvement of their situation. As a part of the governmental Programme for the Roma Community in Poland which has been implemented since 2004 various extracurricular sport activities for the Roma children are organised at schools. Such actions aim at involving the young Roma into a school life and enabling them more effective integration with other children.
Source: Ministry of Interior, Programme for the Roma Community in Poland
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Sport
External Url http://www.mswia.gov.pl/palm/en/10/55/Programme_for_the_Roma_community_in_Poland.html
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Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?