Poland - Anti-discrimination





Poland's anti-discrimination law covers many forms of ethnic, racial, religious, and nationality discrimination, but has a weak spot on discrimination by association or on the basis of assumed characteristics, which is still up to judicial interpretation. Since judicial interpretation is lacking, Poland is the only MIPEX country to score a critically weak 0% score on fields of application (see box). Nevertheless, the law is enforced slightly favourably. Complainants can access a number of procedures, which offer a wide range of possible punishments for the perpetrator. Yet they are only protected from victimisation at work, and can only benefit from a shift in the burden of proof in employment-related cases. The state does promote equality in its functions (see box). But the specialised equality agency, which is in fact a department within the Ministry of Labour and Social Policy, cannot give victims independent legal advice, investigate the facts of their case, or engage in proceedings on their behalf.


Fields of application for anti-discrimination law critically weak
Migrants who fall victim to discrimination as workers, students, and users of public goods and services, cannot rely on any explicit anti-discrimination clause, but only on vague constitutional provisions. Technically, citizens can appeal directly to national courts to demand that international anti-discrimination law (which Poland has ratified) be upheld. But in practice, doing so would require prior judicial interpretation. For best practice see country profiles for Finland, France, Hungary and Slovenia.

 

Mainstreaming equality policies
Like CA and SE, Poland received a 100% score on the two indicators of state policies to mainstream equality. On 18 May 2004 the Cabinet of Ministers adopted the National Program of Countering Racial Discrimination, Xenophobia and Related Intolerance for 2004-2009. The Program makes it compulsory for public bodies to disseminate information on anti-discrimination and give anti-discrimination training to staff. Selected positive action measures are planned, such as a special track to train Roma doctors and nurses, and the inclusion of minority groups' representatives in public radio stations. 


Results by strand

Poland - Overview
Poland - Labour market access
Poland - Family reunion
Poland - Long-term residence
Poland - Political participation
Poland - Access to nationality
Poland - Anti-discrimination
Poland - Public perceptions
© Copyrights | 2023 | integrationindex.eu Home | About RSS | Privacy | Links | Disclaimer | Feedback | Contacts