RED Network

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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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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).

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://www.sejm.gov.pl/prawo/konst/polski/kon1.htm

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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.

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf; http://poznan.gazeta.pl/poznan/1,36001,9009732,Poznanscy_restauratorzy__Romow_nie_wpuszczamy.html

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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.

External Url http://www.sejm.gov.pl/prawo/konst/polski/kon1.htm; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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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. 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. A victim of discrimination in employment may also report to the National Labour Inspectorate. 

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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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.

External Url http://www.mswia.gov.pl/portal/pl/99/204/Dzialalnosc.html; http://bip.ms.gov.pl/pl/dzialalnosc/statystyki/

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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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.

External Url http://www.mswia.gov.pl/portal/pl/185/2982/Tresc_Programu.html; http://www.mswia.gov.pl/portal/pl/618/Dotacje.html

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There is one Polish politician famous for his 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”.

External Url http://wiadomosci.gazeta.pl/wiadomosci/1,114873,5899626,Posel_PiS__Obama_to_koniec_cywilizacji_bialego_czlowieka.html

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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.

External Url http://www.rpo.gov.pl/; http://www.bip.pip.gov.pl/pl/bip/porady_wszystkie; http://prawo.gazetaprawna.pl/artykuly/502826,komorowski_potrzebny_system_nieodplatnej_pomocy_prawnej.html

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19640430296; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970890555; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19600300168

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20100070044; http://www.cliffordchance.com/publicationviews/publications/2010/07/class_actions_inpoland.html

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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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.

External Url http://www.isp.org.pl/uploads/pdf/1957790104.pdf; http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf

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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.

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf; http://www.isp.org.pl/uploads/pdf/1957790104.pdf

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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.

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf

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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.

 

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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.

 

External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Poland/POL-CbC-IV-2010-018-ENG.pdf, http://www.interwencjaprawna.pl/docs/metodologia-przygotowania-bazy.pdf, http://www.hf.org.pl/raporty/rasizm_w_polsce.pdf

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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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No.

Qualitative Info

There is no evidence that migrants/minorities face disproportionate problems in accessing justice.

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No.

Qualitative Info

There is no  evidence of differential sentencing of migrants, minorities and majority.

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No.

Qualitative Info

There is no evidence of significant levels of segregation between migrant groups and the majority population.

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No applicable.

Qualitative Info

No applicable.

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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.

 

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Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.

External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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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.

 

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Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.

External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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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).

 

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Source: Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.

External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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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.

 

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Source: Witold Klaus, Katarzyna Wencel, Discrimination against foreigners in Poland 2008-2010, Warsaw 2010.

 

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf

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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.

 

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Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.
 

External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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 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.

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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

External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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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.
 

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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.
 

External Url www.isp.org.pl/uploads/pdf/246292626.pdf , http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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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.

 

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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.
 

External Url www.isp.org.pl/uploads/pdf/246292626.pdf, http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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82 % of Roma childern attands schools.

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 education. Still not all Roma children attand schools. The percentage of Roma children fulfilling the requirement of compulsory education is 82% while school attendance around 75%. There is a very high percentage of pupils of Roma origin that have been evaluated as requiring special education – up 16.8%, at the same time the data may still be underestimated.

 

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Source: Poland / Ministry of Interior and Administration, Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2010, Warszawa 2011
 

External Url http://www.mswia.gov.pl/portal/pl/566/9139/Sprawozdanie_z_realizacji_Programu_na_rzecz_spolecznosci_romskiej_w_Polsce_za_ro.html

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Qualitative Info

There is no data showing practical obstacles and evidence of problems and differential enrollment rates for migrants.

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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).

 

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Source: Poland / Ministry of Interior and Administration, Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2010, Warszawa 2011.

External Url http://www.mswia.gov.pl/portal/pl/566/9139/Sprawozdanie_z_realizacji_Programu_na_rzecz_spolecznosci_romskiej_w_Polsce_za_ro.html

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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. 

External Url http://www.mswia.gov.pl/portal/pl/566/9139/Sprawozdanie_z_realizacji_Programu_na_rzecz_spolecznosci_romskiej_w_Polsce_za_ro.html

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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.

 

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Source: Poland / Ministry of Interior and Administration, Sprawozdanie z realizacji Programu na Rzecz Społeczności Romskiej za rok 2010, Warszawa 2011

 

External Url http://www.mswia.gov.pl/portal/pl/566/9139/Sprawozdanie_z_realizacji_Programu_na_rzecz_spolecznosci_romskiej_w_Polsce_za_ro.html

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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.

 

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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.

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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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.

 

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Source: Act as of 7 September 1991 r. on  System of Education (Dz.U. 1991 nr 95 poz. 425)

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19910950425

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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.

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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.

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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. 

External Url http://msw.gov.pl/portal/pl/185/2982/Tresc_Programu.html

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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.

External Url http://msw.gov.pl/portal/pl/185/2982/Tresc_Programu.html

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No.

Qualitative Info

There is no such evidence available.

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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.

External Url http://interwencjaprawna.pl/docs/poza-systemem.pdf; http://msw.gov.pl/portal/pl/185/2982/Tresc_Programu.html

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20040640593; www.interwencjaprawna.pl/docs/poza-systemem.pdf

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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).

External Url www.isp.org.pl/uploads/pdf/246292626.pdf

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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).

External Url http://www.ihif.eu/; www.interwencjaprawna.pl/docs/poza-systemem.pdf

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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.

External Url www.interwencjaprawna.pl/docs/poza-systemem.pdf

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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.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20110210112

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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.

 

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Source: Act on National and Ethnic Minorities and Regional Language, Poland (Dz. U. 2005/17/141).

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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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.

 

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Sources:

Act of 7 April 1989 Law on Associations

Act of July 5, 1990 Law on Assemblies

 

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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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.

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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.

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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.

 

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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)

External Url http://www.coe.int/t/dghl/monitoring/minorities/3_fcnmdocs/PDF_2nd_OP_Poland_en.pdf , http://www.msw.gov.pl/portal/pl/238/3497/Ustawa_o_radiofonii_i_telewizji.html

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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.

 

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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
 

External Url http://www.coe.int/t/dghl/monitoring/minorities/3_fcnmdocs/PDF_2nd_OP_Poland_en.pdf, http://www.msw.gov.pl/portal/pl/238/3497/Ustawa_o_radiofonii_i_telewizji.html

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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.

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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.

 

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Source: Ministry of Interior, Programme for the Roma Community in Poland

External Url http://www.mswia.gov.pl/palm/en/10/55/Programme_for_the_Roma_community_in_Poland.html

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