Poland
There are two public bodies that have competences in the field of equality and non-discrimination: the Human Rights Defender and the Government Plenipotentiary for Equal Treatment. There is a governmental program dedicated to the Roma minority which aims at improving the situation of Roma in different areas. National and ethnic minorities have the right to establish their own educational and cultural institutions and those that serve to protect their religious or cultural identity.
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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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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 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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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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Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
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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.
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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
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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
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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
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Does the law provides for legalizing the situation of illegal immigrants in order to ensure their right to work and access to social protection and care?
In 2012, the abolition made it possible, under specific conditions, to regularise the stay of foreigners who reside illegally in Poland.
Qualitative Info
In 2012, the abolition made it possible, under specific conditions, to regularise the stay of foreigners who reside illegally in Poland. According to the data processed up to 31 August, 2012 almost 10,000 abolition applications were submitted. Approximately one third of them was considered positive. The most numerous applicants came from Vietnam, Ukraine and Pakistan. Legalization of stay implies the residence permit for a defined period of time issued for two years. While the residence permit is valid, a foreigner is allowed to undertake an employment on the basis of a labour contract without being obliged to have a labour permit, and to regularise the further stay in Poland.
Source:
- Ministerstwo Spraw Wewnętrznych, 31.08.2012, Bądź legalnie. Ponad 9 tys. wniosków o abolicję (Stay legal. Over 9 thousands applications for the abolition), http://msw.gov.pl/portal/pl/716/9559/Badz_legalnie_Ponad_9_tys_wnioskow_o_abolicje.html, Accessed on 12.12.2012.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Employment - labour market
External Url http://msw.gov.pl/portal/pl/716/9559/Badz_legalnie_Ponad_9_tys_wnioskow_o_abolicje.html
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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
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Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
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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.
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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
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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
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Are there positive initiatives with an impact on housing of migrant and minority groups?
Yes.
Qualitative Info
The government Programme for the Roma Community (which is a national project that began in 2004 and will run through 2013) contain component devoted to improve housing conditions. The investments carried out under the Program include renovations, construction of social housing or container buildings and construction of water and sewage networks are conducted. It must be mentioned however that the housing situation of Roma is improving very slowly [1].
In the case of refugees, some NGOs and social protection institutions mediate in renting apartments on the open market or assist them in their efforts to obtain social or protected housing.Municipal Family Welfare Centre in Lublin conducts project “Safe haven: providing protected housing for foreigners” which consists in offering protected housing to the refugees families. The city using, among others, the EU funds, develops the idea of protected flats for foreigners. There are currently three such flats; until June 2012, 30 foreigners altogether (5 families) are supposed to take advantage of the city's support. As to Warsaw, the first protected flat for foreigners has functioned in the capital since October 2011. In Warsaw, too, flats for refugees (5 flats annually) have been granted for years within the contest organized by the Warsaw's Family Support Centre [2].
Sources:
- Ministerstwo Spraw Wewnętrznych, Program na rzecz społeczności romskiej w Polsce (Programme for the Roma Community in Poland), http://www.msw.gov.pl/portal/pl/181/Program_na_rzecz_spolecznosci_romskiej_w_Polsce.html, Accessed on 12.12.2012.
- Miejski Ośrodek pomocy Rodzinie, Bezpieczna Przystań - prowadzenie mieszkania chronionego dla cudzoziemców (Safe haven: providing protected housing for foreigners), http://www.mopr.lublin.pl/?id=programy_eu/bezpieczna_przystan/2, Accessed on 12.12.2012.
Groups affected/interested
- Refugees
- Roma & Travelers
- Asylum seekers
Type (R/D)
- Anti-migrant/xenophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Housing
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Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
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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.
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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
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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
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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
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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
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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
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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
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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
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Evidence of modifying school curricula and teaching materials can be modified to reflect the diversity of the school population
No.
Qualitative Info
There is no evidence of modifying school curricula and teaching materials to reflect the diversity of the school population.
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Are there in schools good practices/positive initiatives and intercultural coexistence plans designed to solve problems of discrimination racism or xenophobia?
Yes.
Qualitative Info
There are a number of positive initiatives designed to solve problems of discrimination, racism or xenophobia. They are carried out by non-governmental organizations dealing with assistance for refugees and foreigners, as well as non-discrimination issues, and also by organizations associating minorities. Such activities usually consist of exploring other cultures in various ways. In schools, where there is a greater number of children of different ethnic origin than the majority, projects are carried out concerning these students / their cultures (these are most often Roma and Chechen refugees). Such activities are financially supported by public entities, European Commission and public donors.
A number of measures to combat discrimination are carried out within the educational component of the government Programme for the Roma Community. In these cases, the implementers of such projects are schools, governments and social organizations.
Sources:
Polish Migration Forum, project "A world in our classroom"
Ministry of Interior and Administration, Programme for the Roma Community
Groups affected/interested
- Migrants
- Refugees
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.forummigracyjne.org/pl/projekt.php?pjid=23,
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Is the teacher regular curricula/training dealing with specific reference to immigrants or ethnic minorities and respect/promotion of diversity?
No/Yes.
Qualitative Info
Teacher regular curricula/trainings do not deal with specific reference to immigrants and respect/promotion of diversity. The lack of preparation of Polish schools, including teachers, to work with foreign children was highlighted in the MIPEX study and a recent ECRI report about Poland.
School education about the history, culture and traditions of national minorities and their contribution to the Polish society is performed in the form of facultative courses, conducted within the framework of regional education. In the opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities the present one does not guarantee that students generally receive sufficient information in this area.
Sources:
Advisory Committee on the Framework Convention for the Protection of National Minorities, Second Opinion on Poland, adopted on 20 March 2009
ECRI Report on Poland
Migration Policy Index
Groups affected/interested
- Migrants
- Ethnic minorities
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.
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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
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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
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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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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?
-
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.
-
Migrants' political rights - right to vote to national/local elections
Limited to Polish citizens and the EU member states' citizens.
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. The third country nationals are not entitled to vote in any elections. They have the right to assembly and associate in social organisations, trade unions and employers organisations, set up and join foundations or to join political parties.
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
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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Migrants have the right to stand for elections at local/national level?
No.
Qualitative Info
Only Polish citizens and the citizens of the European Union member states who permanently reside in Poland have the right to stand for elections at a local/national level. However it concerns standing just for the European Parliament and local elections. The third country nationals do not have the right to be eligible for any elections.
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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Minority members have certain rights to self-government?
Yes.
Qualitative Info
Migrants have the right to assembly and associate in social organisations, trade unions, employers organisations, to set up and join foundations or to join political parties. National or ethnic minority members, since they are Polish citizens, have full rights to self-government. As far as the Parliamentary elections are concerned, the electoral committees of the national minorities enjoy the preferential exemption from the 5% threshold.
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Political participation
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20110210112
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Are migrants' representatives engaged in any formal consultation with public authorities?
Yes/No.
Qualitative Info
According to Polish law, the government and self-government may (and in certain cases are obliged to) conduct formal consultations with social partners. However, it does not mean that migrant representatives are always engaged in the consultations, since there are no direct legal obligation incumbent on the public authorities to consult them. Most often the government consults the organisations (among others, migrant organisations) on the adoption of the postulates of new policy, strategy or document concerning the migrants' rights. This was the case of “Polish Migration Strategy” which was accepted in Spring 2011. Another form of consultation of migrant environments is their participation in the Commissions for Social Dialogue functioning in Warsaw, which are initiative-consultative bodies created by non-governmental organisations concerned and the City of Warsaw. However, none of the immigrant organisations is participating in the works of the Commission for Social Dialogue on Equal Treatment.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
-
Are there migrants' consultative/advisory/representative bodies established by law?
No.
Qualitative Info
There are no migrant consultative/advisory/representative bodies established by law. According to the 6 January 2005 Law on National and Ethnic Minorities and the Regional Language, the Common Commission of the Government and National and Ethnic Minorities was established. It is composed of, among others, representatives of all national and ethnic minorities in Poland. The Commission is a consultative body of the Prime Minister.
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Political participation
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20050170141; www.isp.org.pl/uploads/filemanager/Niconasbeznas.pdf
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Public administration (including judiciary and executive) reflects the ethnic diversity of society?
No.
Qualitative Info
Public administration does not reflect the ethnic diversity of Polish society due to the fact that there are legal limitations in access to employment in the public sector for non-Polish citizens. Migrants entitled to employment in Poland can work in civil service only in the positions that do not require – directly or indirectly – participation in exercising public authority and functions aimed to protect general interests of the state. Another reason is that Polish society is relatively homogenic, and it is not as ethnically diverse as some EU countries.
Key socio-economic / Institutional Areas
- Political participation
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20082271505
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Is there automatic citizenship acquisition by birth for migrant children born in the country?
No.
Qualitative Info
There is no automatic acquisition of citizenship by birth for migrant children born in the state, since in Poland the "Ius sanguinis" rule is applied. It means that a child acquires Polish citizenship through being born to parents of whom at least one has Polish citizenship, regardless of the fact whether the child was born abroad or in Poland. Only if a child is born or found within the territory of Poland, and both parents are unknown, they have no citizenship or their citizenship is not determined, he or she automatically becomes a Polish citizen.
Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Political participation
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19620100049
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What is the general law provision for naturalisation?
At least 5 years on the basis of a settlement permit, a residence permit for a long-term EC resident or a permanent residence permit.
Qualitative Info
According to the Polish Citizenship Act, a foreigner may be granted Polish citizenship on his or her request if he or she has resided in Poland for at least 5 years on the basis of a settlement permit, a residence permit for a long-term EC resident or a permanent residence permit. A foreigner may acquire Polish citizenship also if he or she has been married to a Polish citizen for at least 3 years and resides in Poland on one of the above-mentioned bases. A person with no citizenship or whose citizenship cannot be established may be recognised as Polish citizen if he or she has resided in Poland for at least 5 years on the basis of a settlement permit or a residence permit for a long-term EC resident. In particularly justified cases, a foreigner may be granted Polish citizenship, even though he or she does not meet the requirements. In practice, this possibility is available in the case of famous sportsmen/sportswomen or artists.
Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Political participation
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19620100049
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Migrants' political rights - right to vote to national/local elections
-
Policies On Integration - Cohesion
There is no national strategy on migrant/minority integration as such. The Roma people are the minority the most marginalized in Poland. A sort of policy on integration of this group has been adopted and since 2004 there is a Programme for the Roma Community. There is no comprehensive integration program that would meet the needs of all groups of migrants choosing to stay in Poland. According to law such assistance is available only for selected groups of foreigners.
-
Is there a formal national strategy on the integration of migrants/minorities?
Yes/No.
Qualitative Info
There is no national strategy on migrant/minority integration as such. In January 2005, the Ministry of Social Policy released “Proposals of Actions Aimed at Establishing a Comprehensive Immigrant Integration Policy in Poland”. However, even presumptions of Polish migrant integration policy have not been created until now. The records concerning the integration of this group are dispersed throughout other strategical documents related to social integration.
Since Roma people are the minority group the most marginalized in Poland, a policy on integration of this group has been adopted. Since 2004 there is a special program accomplished on the whole territory of Poland which 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.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Is there a formal definition of integration
No.
Qualitative Info
There is no formal definition of social integration or migrant integration. Certain strategical documents contain various definitions of social integration, but each of them is drafted only for the purposes of this particular document, e.g. the National Strategy for Social Inclusion 2004-2010, the National Development Plan 2007- 2013, the National Development Strategy 2007 – 2015.
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
To which groups does the integration strategy apply?
Long-term unemployed persons, people with disabilities, children and adolescents, prisoners and persons leaving penal institutions, refugees and migrants, Roma people, homeless, people staying at and leaving educational or post-penitentiary institutions, people addicted to psychoactive substances, victims of violence, the working poor and children from families with educational deficits.
Qualitative Info
The issues of social integration are covered in the govermental strategical document – the National Development Plan 2007-2013. Another document, containing more detailed regulations in terms of social integration, is the Human Capital Operational Programme. Its aim is to fulfill the National Development Plan in the area of Human Capital which also contains integration policy. The Human Capital Operational Programme defines six groups at risk of social exclusion: long-term unemployed persons, people with disabilities, children and adolescents, prisoners and persons leaving penal institutions, refugees and migrants, and, finally, Roma people.
Another document accompanying the National Development Plan is the Social Policy Strategy 2007-2013. It defines seven priorities for Polish social policy. The seventh priority is “Social and labour market migrant integration”. It applies to groups of migrants understood as: persons in asylum procedure for more than 3 months, persons with tolerated stay and refugees. The document also contains the list of groups experiencing exclusion or strongly exposed to the risk of poverty and social exclusion. Those groups are: homeless, people staying at and leaving educational or post-penitentiary institutions, people addicted to psychoactive substances, victims of violence, the Roma, immigrants and refugees, the working poor and children from families with educational deficits.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Are there formal policies and practises associated with this integration strategy?
Yes.
Qualitative Info
The Human Capital Operational Programme, which implements the European Social Fund in Poland, consists of ten priorities. Within these priorities, there are grants for projects aiming to implement the objectives of the Programme. Projects which may concern issues related to migrants or the Roma, are carried out by both public institutions and NGOs.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.pomorskie.eu/res/defs/pokl/dokumenty/pokl_zatwierdzony_7092007.pdf
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Is the integration strategy effective and, if so, what are the tangible results at a local, regional and national level?
There is no such evaluation available.
Qualitative Info
There is no general integration strategy in Poland as such. The issues of social integration are covered by the government strategical document – the National Development Plan 2007-2013. Another document, containing more detailed regulations in terms of social integration, is the Human Capital Operational Programme (POKL) which implements the European Social Fund in Poland. The grant from the European Union for the implementation of POKL reached EUR 9.7 billion in 2007-2013. However, there is no data available on the total effects of the Programme at a local, regional or national level at the moment. For this reason, it is not possible to define the effectiveness of the Programme.
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.pomorskie.eu/res/defs/pokl/dokumenty/pokl_zatwierdzony_7092007.pdf
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Is there a formal national strategy on social and/or community cohesion?
Yes.
Qualitative Info
The National Cohesion Strategy, called officially the National Strategic Reference Framework 2007-2013, is a general document the purpose of which is to implement the EU cohesion policy.
There is also the Social Policy Strategy 2007-2013, which refers to the Council of Europe documents on social cohesion, particularly the 2000 Social Cohesion Strategy and the 2004 Social Cohesion Revised Strategy.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Is there a clear definition of social/community cohesion?
No.
Qualitative Info
There is no formal definition of social/community cohesion. In the preamble to the National Cohesion Strategy 2007-2013, it is stated that cohesion policy is one of the main European Union policies. It aims to promote harmonious development of the whole territory of the 25 EU Member States through actions leading to the reduction of disparities in region development and thus, strengthening the economic, social and territorial cohesion of the Community. The National Strategy for Social Inclusion 2004-2010 contained a definition of social cohesion.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
External Url http://www.funduszeeuropejskie.gov.pl/WstepDoFunduszyEuropejskich/Documents/NSRO_maj2007.pdf
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Does the social cohesion strategy apply to all migrant/minority groups?
Immigrants, refugees and Roma.
Qualitative Info
The National Cohesion Strategy 2007-2013 refers to immigrants (in general), refugees and Roma people.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.funduszeeuropejskie.gov.pl/WstepDoFunduszyEuropejskich/Documents/NSRO_maj2007.pdf
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Is/are social/community cohesion strategies effective and producing results?
There is no data on the effectiveness of the strategy in the improvement of the migrants and/or minorities situation.
Qualitative Info
The existing evaluation of the National Cohesion Strategy 2007-2013 applies only to the macroeconomic effects of the implementation of the European Union cohesion strategy in Poland. The evaluation reports do not contain information on the effectiveness of the strategy in the improvement of the migrants and/or minorities situation. According to one of the evaluation reports, the most perceptible effect of the implementation of the National Cohesion Strategy was the investment increase in construction industry and the improvement of infrastructure quality. Due to the fact that the majority of projects were carried out in the most developed regions, the differences between regions have not been reduced.
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.ewaluacja.gov.pl/Wyniki/Strony/Wplyw_NSS.aspx
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If there is a national strategy covering both integration and cohesion? Are the two key elements of the strategy joined up formally?
Yes.
Qualitative Info
A governmental strategical document covering both integration and cohesion, and, at the same time, the most general document, The National Development Plan 2007-2013 also covers all other public policies: good governance, civil society, education, transport, roads, infrastructure, etc. According to this document, integration policy is linked to employment policy by means of the idea of active integration, which means integration through labour market activation. According to the National Development Plan 2007-2013, integration policy should be considered one of many components of cohesion policy.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.funduszestrukturalne.gov.pl/informator/npr2/npr/npr_caly.pdf
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Is there a formal national strategy on the integration of migrants/minorities?
-
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
-
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
-
Media: Is there a visible presence (or absence) of members of target groups as media professionals?
It is not possible to assess the visible presence of the representatives of the ethnic and national minorities and migrants as media professionals.
Qualitative Info
It is difficult to assess the visible presence of the representatives of the ethnic and national minorities and migrants as media professionals, as the majority of them do not distinguish themselves in appearance (and often also in last name) from the general public. Among well-known journalists there are people of both migrant origin as well as ones originating from minorities, although certainly not all migrant or minority groups are represented and / or equally prominent.
Pursuant to the Act on Radio and Television, in appointing the programming boards of public radio and television sections that broadcast shows in minority languages, the section directors should take into account candidates submitted by minority social organisations. In practice, however, almost no minority representatives are members of broadcasters’ programme boards, with only two persons of minority origin involved in the works of programme boards of regional radio stations (appointed in 2008).
Source:
Advisory Committee on the Framework Convention for the Protection of National Minorities, Second Opinion on Poland, adopted on 20 March 2009Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Culture
- Media
External Url http://www.coe.int/t/dghl/monitoring/minorities/3_fcnmdocs/PDF_2nd_OP_Poland_en.pdf
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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?