Office of the Human Rights Defender of the Republic of Poland Mrs Katarzyna Wilkołaska-Żuromska, senior Counsellor, Department of Constitutional and International Law

1. Office of the Human Rights Defender
of the Republic of Poland
Mrs Katarzyna Wilkołaska-Żuromska, senior Counsellor,
Department of Constitutional and International Law

2. Act on the Human Rights Defender
The Human Rights Defender shall safeguard the
freedoms and rights of persons and citizens specified
in the Constitution and other normative acts,
including safeguarding the implementation of the
equal treatment principle (Article 1(2) of the Act on
the Human Rights Defender).

3. Human Rights Defender is the constitutional
authority for legal control and protection. In his
activities, the Defender is integral and
independent from other state authorities.
The Defender is appointed by the Sejm and
approved by the Senate for a 5 -year term of office.

4. In accordance with principles specified by statute,
everyone shall have the right to apply to the Human
Rights Defender for assistance in protection of his
freedoms or rights infringed by organs of public
authority (Article 80 of the Constitution of the
Republic of Poland).

5. Actions or defaults by natural persons or other
entities governed by private law fall outside the
Defender's competence.
However, in such cases the Defender may
investigate whether the reaction of competent
authorities or institutions to the breach of law
by entities governed by private law was
appropriate.

6. Act on equal treatment
It is prohibited to treat people unequally due to:
–race,
–ethnic origin or nationality,
–gender,
–religion, denomination, beliefs
–disability,
–age,
–sexual orientation.

7. AREAS PROTECTED
The Act is applied with regard to:
–employment-related issues,
–access to and conditions of use of the labour market instruments,
–taking up vocational training,
–conditions of taking up and pursuing business or professional activities,
–acting in trade unions and employers’ organisations,
–social security,
–health care,
–education and higher education,
–public services.

8. Act on equal treatment
New competences of independent authority for the
promotion, analysis and support of equal treatment:
1.
providing independent assistance to victims of
discrimination in lodging complaints of discrimination,
2.
carrying out independent research on discrimination,
3.
publishing independent reports and making
recommendations on discrimination-related problems,
4.
exchange of information with the competent
European authorities.

9. REVERSE BURDEN OF PROOF
Division of the burden of proof: the complainant must
substantiate that different treatment could have taken
place. As a result, a presumption of discrimination comes
into existence and then must be rebutted by its alleged
perpetrator. In case of substantiation of violating the
principle of equal treatment everyone charged with
violation of this rule is obliged to demonstrate that they
have not violated it (Article 14(3) of the Act on equal
treatment).

10. Defects in the provisions of the Act on equal
treatment.
•a doubt whether the Human Rights Defender’s powers, in
relation to matters between private operators, are compliant
with the provisions of EU directives, according to which
the authority for equal treatment should assist victims of
discrimination in lodging complaints concerning the equal
treatment principle
•the incompleteness of its regulations

11. Everyone, towards whom the principle of equal
treatment has been violated, has the right to
receive compensation (Article 13 of the Act on
equal treatment).

12. Three expert commissions within the Defender’s Office:
1.Commission of Experts for Elderly People
2.Commission of Experts for People with Disabilities
3.Commission of Experts for Migrants

13. The commissions of experts, who do not take any
remuneration for their participation and do community
service, are obliged to support the Human Rights Defender
in performance of his statutory tasks, particularly with
regard to monitoring of the protection of freedoms and
rights of man and of the citizen in the law enforcement
process as well as preparing analyses and monitoring of
equal treatment of persons and non-discrimination on the
grounds of the age, disability, gender, nationality, ethnicity
and religion.

14. “Equal opportunities in access of people with disabilities
to education”.
The members of the Commission drew up a monography
entitled “The most important challenges following the
ratification of the UN Convention on the Rights of
People with disabilities by Poland”.

15. Trainings, inter alia, assistants to the Members of
Parliament
and
senators,
students
brought
together at legal clinics as well as representatives
of non-governmental organisations), also two
thematic reports regarding “The equal treatment
principle – law and practice” were prepared to be
issued:

16. “The equal treatment principle – law and practice.
The accessibility of public infrastructure for people
with disabilities. Analysis and recommendations”.
“The equal treatment principle – law and practice.
Countering violence motivated by the race, ethnic
origin
and
recommendations”.
nationality.
Analysis
and

17. As part of performing the tasks related to acting as an
independent authority for equal treatment, in 2012 the
Defender ordered to carry out social studies in the
following areas:
a)
Perception of elderly people by young people,
perception of young people by elderly people.
b)
Violence against elderly women and women
with disabilities.
c)
Elderly people in the market of financial
services.
d)
Physicians in the course of specialisation and
non-heterosexual persons.

18. • In 2012, there has been a significant increase
(by almost 90%) in the number of individual
In 2012, there has been a significant increase (by almost
complaints regarding the equal treatment
90%) in the number of individual complaints regarding
principle, sent to the Defender. Over that
the equal treatment principle, receivedDefender. Over
year, the Defender sent to the 1960 individual
that cases regarding received 1960 understood issues
year, the Defender the widely individual cases
regarding the treatment
of equal widely understood issues of equal
treatment.

20. A motion addressed to the Defender is free of
charge, and does not have to take any particular
form; however, the identity must be indicated of
the applicant and the person whose liberty and
right is involved in the case, and the subject of
the case must be defined.

21. Key competences of the Human
Rights Defender:
•Examine each case on the spot,
•Demand explanation;
•Address a motion to the body whose activity has been
found to have caused an infringement of the liberties and
right of a human and a citizen.

22. The Defender's general motions may include the
following:
•Opinions and conclusions as to how the case
could be resolved,
•A request for the initiation of disciplinary
proceedings,
•A request for a legislative initiative,
•A request for issuing or amending other legal
acts.

23. The Defender may:
•Demand that proceedings be instituted in civil,
penal or administrative cases and may initiate
proceedings before the Constitutional Tribunal
•Participate in all ongoing proceedings,
•Lodge remedies, including extraordinary
remedies,
•Refer the so-called juridical questions to the
Supreme Court.

24. Good practices:
We can observe changes in the political and societal
discourse on equality. For instance the so called quota
legislation was accepted in December 2010,
guaranteeing at least 35 % of ballot positions to women.
Act on Sign Language in 2011
Labor Law

25. Human Rights Defender supported introduction of
alternative voting procedures: by proxy, by post and
with an overlay in Braille for blind voters.
Supported also enhancement of facilities inside the
poolingstation adjusted to needs of people with
disabilities.
Human Rights Defender launched a coalition which
aimed observance of law and enforcement of disabled
people rights during parliamentary elections on
9.10.2011. A number of NGOs, Media, and local
authorities took part in the coalition

26. Due to a great commitment Ombudsman
and NGOs President of the Republic of Poland signed
the act of ratification of the UN Convention on the
Rights of Persons with Disabilities

27. Thank you for your attention!
e-mail: k.wilkolaska@brpo.gov.pl