Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

Code:: RED24
Key Area:: Anti-racist Crime Legislation & Implementation
Strand(s):: Racism

25/11/2011 - 21:41

Short Answer

Yes.

Qualitative Info

According to the Polish Constitution, political parties and other organizations whose programs are based upon totalitarian methods and modes of activity of nazism, fascism and communism, as well as those whose programs or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the State policy, or provide for the secrecy of their own structure or membership, shall be prohibited.
The Criminal Code penalizes participation in a criminal bond, stating that it is prohibited to take part in an organised group which aims at committing crimes. This provision may be applied as far as the hate groups are concerned.

Groups affected/interested

Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers

Type (R/D)

Extremism - organised Racist Violence, Nationalism

Key socio-economic / Institutional Areas

Anti-racism

External Url

http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553; http://www.sejm.gov.pl/prawo/konst/polski/kon1.htm

Situation(s)

Library

Indicator history

Poland - 2012

Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?