Poland - 2012
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
- Code:
- RED17
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
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 |
| Type (R/D) | |
| 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 |
| Situation(s) |
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| Library |
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