Submission of Poland to the Universal Periodic Review

INtroduction

State of and the judiciary

Women rights

Sexual Orientation and Gender Identity (SOGI)

Migrants and asylum seekers

Freedom of the press and expression

[1] United Nations General Assembly, Human Rights Council, Report of the Working Group on the Universal Periodic Review: Poland, A/HRC/36/14 (July 2017), para. 120. 86-87 ; 120. 93-94.

[2] “Poland’s Constitutional Court Rejects Reproductive Rights,” Human Rights Watch press release, October 22, 2020, https://www. hrw. org//2020/10/22/polands-constitutional-tribunal-rolls-back- Reproductive Rights.

[3] “Rule of Law: European Commission acts for judicial independence in Poland”, European Commission press release, December 20, 2017, https://ec. europa. eu/commission/presscorner/detail/ at/IP_17_5367 (accessed February 22, 2022).

[4] European Commission, “Commission Staff Working Document. Country Chapter of the 2020 Rule of Law Report on the Rule of Law in Poland,” Brussels, September 30, 2020, https://ec. europa. eu/info/sites/default /files/pl_rol_country_chapter. pdf (accessed February 22, 2022).

[5] Human Rights Watch, World Report 2022, Poland chapter, https://www. hrw. org/world-report/2022/country-chapters/poland.

[6] Philippe Dam, “Poland’s Top Watchdog Removed at Government’s Behest,” commentary, Human Rights Dispatch, April 14, 2021, https://www. hrw. org/news/2021/04/15/polands-top-watchdog-request-from-suppressed-governments.

[7] Human Rights Watch, Erosion of checks and balances: Rule of law and human rights under attack in Poland, October 24, 2017, https://www. hrw. org/report/2017/10/24/eroding-checks-and-balances/rule-of-law-and-human rights-under-attack-poland.

[8] Since 2017, more than three hundred judgments have been handed down with judges who were appointed without legal basis. See Helsinki Foundation for Human Rights, “A Tool of Government. The Functioning of poland’s Constitutional Court in 2016-2021,” August 28, 2021, https://www. hfhr. pl/wp-content/uploads/2021/09/TK-narzedzie-w-rekach-wladzy-EN-FIN14092021. pdf (accessed February 22, 2022).

[9] “Rights Court Indicates ‘Systemic Dysfunction’ in Polish Judicial Appointments,” Reuters, February 3, 2022, https://www. Reuters. com/world/europe/rights-court-points-systemic-dysfunction-polish-Judges-appointments-2022-02-03/ (accessed February 22, 2022).

[10] Amnesty International, “Poland: Free Courts, Free People,” 2019, https://www. amnesty. org/en/wp-content/uploads/2021/05/EUR3704182019FRENCH. pdf (accessed 22 February 2022), p. 10pm

[11] Helsinki Foundation for Human Rights, “A Tool of Government. The Functioning of the Constitutional Court of Poland in 2016-2021,” August 28, 2021, https://www. hfhr. pl/wp-content/uploads/2021/09/TK-narzedzie-w-rekach-wladzy-EN-FIN14092021. pdf (accessed February 22, 2022), p. 14-15.

[12] Human Rights Watch, World Report 2021, Poland chapter, https://www. hrw. org/world-report/2021/country-chapters/poland.

[13] Human Rights Watch, World Report 2021, Poland chapter, https://www. hrw. org/world-report/2021/country-chapters/poland.

[14] “Poland’s Lower House Approvs Controversial Judges Act,” BBC, 20 December 2019, https://www. bbc. com/news/world-europe-50874320 (accessed 22 February 2022).

[15] “Poland’s Lower House Approvs Controversial Judges Act,” BBC, 20 December 2019, https://www. bbc. com/news/world-europe-50874320 (accessed 22 February 2022).

[16] Jennifer Rankin, “Polish Faces Fines for Circumventing European Court Order,” The Guardian, September 7, 2021, https://www. theguardian. com/world/2021/sep/07/polands–risks-fines-for-fouting-a-european-court-order (accessed February 22, 2022).

[17] Ewa Siedlecka, “Will part of the opposition fall into this trap?Rule of Law, February 11, 2022, https://ruleoflaw. pl/dudas-dangerous-proposition-will-some-of-the-opposition-fall-into-this-trap/ (accessed February 22, 2022).

[18] United Nations General Assembly, Human Rights Council, Report of the Working Group on the Universal Periodic Review: Poland, A/HRC/36/14 (July 2017), para. 120. 128-120. 162.

[19] “Poland: One Year Later, Decision to Abort Harms Women,” Human Rights Watch statement, October 19, 2021, https://www. hrw. org//2021/10/19/poland-year-abortion-govern-harm-women.

[20] Weronika Strzyżyńska, “Protests Erupt in Poland Following Death of Mother Who Refused to Abort,” The Guardian, January 28, 2022, https://www. theguardian. com/global-development/2022/jan/27/protests-flare-across-poland-after-death-of–mom-denied-an-abortion (accessed February 22, 2022).

[21] Daniel Boffey, “Polish government widely condemned by the Morning-After Pill Act,” The Guardian, June 26, 2017, https://www. theguardian. com/world/2017/jun/26/polish-president-signs —out-widely-condemned-day-pill-law-after (accessed February 22, 2022).

[22] Hillary Margolis, “In Poland, being an can be bad for your health,” commentary, Dépêche Human Rights, June 6, 2017, https://www. hrw. org/news/2017/06/06/poland -being–maybe-bad-health.

[23] Hillary Margolis, “Dispatches: Abortion and the ‘Conscience Clause’ in Poland,” commentary, human rights dispatch, October 22, 2014, https://www. hrw. org/news/2014/10/22/dispatches-abortion-clause-and-conscience-poland.

[24] “Poland: Growing Threats Against Women Activists,” Human Rights Watch statement, March 31, 2021, https://www. hrw. org//2021/03/31/poland-escalating-threats-women-activists.

[25] Human Rights Watch, “Government Breath on My Back”: Attacks on Women’s Rights in Poland, February 6, 2019, https://www. hrw. org/report/2019/02/06/breath-government-my-women-polish.

[26] “Poland: Increased Threats Against Women Activists,” Human Rights Watch statement, March 31, 2021, https://www. hrw. org//2021/03/31/poland-escalating-threats-women-Activists.

[27] “Poland: Increased Threats Against Women Activists,” Human Rights Watch statement, March 31, 2021, https://www. hrw. org//2021/03/31/poland-escalating-threats-women-activists.

[28] Human Rights Watch, “Government Breath on My Back”: Attacks on Women’s Rights in Poland, February 6, 2019, https://www. hrw. org/report/2019/02/06/breath-government-my-women-polish.

[29] Hillary Margolis, “Poland Abandoning Commitment to Women,” commentary, dispatch on human rights, July 28, 2020, https://www. hrw. org/news/2020/07/28/poland-abandoning-commitment-women.

[30] See Justice Minister Ziobro’s July 2020 statement: Eline Schaart, “Poland will withdraw from the Treaty on Violence against Women,” Politico, July 25, 2020, https://www. politico. eu/article/poland-to-withdrawal-from-the-istanbul-convention-against-violence-opposed-to-women/ (accessed February 22, 2022); Members of the Polish parliament approved an invoice to parliamentary committees in March 2021 titled “Yes to the circle of relatives, no to gender,” which could simply take Poland out of the Istanbul Convention, see Weronika Strzyżyńska, “Poland accused of abandoning those who suffer from domestic violence. “violence,” The Guardian, April 7, 2021, https://www. theguardian. com/world/2021/apr/07/poland-accused-of-abandoning-domestic-violence-sufferers (accessed February 22, 2022).

[31] United Nations General Assembly, Human Rights Council, Report of the Working Group on the Universal Periodic Review: Poland, A/HRC/36/14 (July 2017), para. 120, 49 ; 120. 71.

[32] Human Rights Watch, World Report 2022, Poland chapter, https://www. hrw. org/world-report/2022/country-chapters/poland.

[33] Ministerstwo Edukacji Narodowej, Ośrodek Rozwoju Edukacji, “Podstawa programowa kształcenia ogólnego z komentarzem,” 2018, https://www. ore. edu. pl/wp-content/uploads/2018/03/podsta3. pdf (accessed March 23).

[34] UNESCO, Joint United Nations Programme on HIV/AIDS, United Nations Population Fund, United Nations Children’s Fund, United Nations Entity for Gender Equality and the Empowerment of Women, World Health Organization, “International Technical Guidance on Sex Education: An Evidence-Informed Approach”, 2018, https://unesdoc. unesco. org/ark:/48223/pf0000260770 (accessed March 23, 2022).

[35] Federal Centre for Health Education, BZgA, “WHO Regional Office for Europe and BZgA. Standards for sex education in Europe”, Cologne, 2010, https://www. bzga-whocc. de/fileadmin/user_upload/BZgA_Standards_English. pdf (accessed March 23, 2022).

[36] Źródło, “President Duda vetoes the amendment to the education law known as Lex Czarnek,” TVN24, March 2, 2022, https://tvn24. pl/tvn24-news-in-english/polands-president-vetoes-controversial-education-law-enmment-known-as-lex-czarnek-5620073 (accessed March 24, 2022).

[37] Human Rights Watch, Poland: Rejecting New Curbs on Abortion, Sex Ed, April 14, 2020, https://www. hrw. org/news/2020/04/14/poland-reject-new-curbs-abortion – education.

[38] Agata Kondzińska, Paulina Nodzyńska, “Prezydent Andrzej Duda zawetował’lex Czarnek'”, Gazeta Wyborcza, March 2, 2022, https://wyborcza. pl/7,75398,28174540,prezydent-andrzej-duda-lex – czarnek. html (accessed March 4, 2022).

[39] Human Rights Watch, World Report 2021, Poland chapter, https://www. hrw. org/world-report/2021/country-chapters/poland.

[40] Human Rights Watch, World Report 2021, Poland chapter, https://www. hrw. org/world-report/2021/country-chapters/poland.

[41] Simon Ostrovsky, “Zones of Anti-LGBT Ideology” Are Being Enacted in Polish Cities,” PBS, August 29, 2021, https://www. pbs. org/newshour/show/anti-lgbt-ideology-zones -are-being-enacted-in-polish-towns (accessed February 22, 2022).

[42] “More anti-LGBT statements reversed in Poland over withdrawal of EU funds”, euronews, September 27, 2021, https://www. euronews. com/2021/09/27/more-polish- -revoke-anti-lgbt-declarations-over-eu-funds-withdrawal (accessed 22 February 2022).

[43] Human Rights Watch, World Report 2021, Poland chapter, https://www. hrw. org/world-report/2021/country-chapters/poland.

[44] Human Rights Watch, Poland: Crackdown on LGBT activists, August 7, 2020, https://www. hrw. org/news/2020/08/07/poland-crackdown-lgbt-activists

[45] Human Rights Watch, Poland: Crackdown on LGBT Activists, August 7, 2020, https://www. hrw. org/news/2020/08/07/poland-crackdown-lgbt-activists

[46] United Nations General Assembly, Human Rights Council, Report of the Working Group on the Universal Periodic Review: Poland, A/HRC/36/14 (July 2017), para. 120. 171-120. 183.

[47] Human Rights Watch, “Dying Here or Going to Poland:” Belarus and Poland’s Shared Responsibility for Border Abuses, November 24, 2021, https://www. hrw. org/report/2021/11/24/ Die-Here-or-Go-Poland/Belarus-and-Poland-Shared-Responsibility-Abuse-at-borders.

[48] Human Rights Watch, “Dying Here or Going to Poland:” Belarus and Poland’s Shared Responsibility for Border Abuses, November 24, 2021, https://www. hrw. org/report/2021/11/24/ Dies-Here-or-Go-Poland/Belarus-and-Poland-Shared-Responsibility-Abuse-at-borders.

[49] Human Rights Watch, “Dying Here or Going to Poland:” Belarus and Poland’s Shared Responsibility for Border Abuses, November 24, 2021, https://www. hrw. org/report/2021/11/24/ Dies-Here-or-Go-Poland/Belarus-and-Poland-Shared-Responsibility-Abuse-at-borders.

[50] “Poland-Belarus Border Crisis: ‘We Don’t Need Other People to Die in the Forest,'” Médecins Sans Frontières press release, 3 February 2022, https://www. msf. org/poland-belarus-border-crisis-we-do-not-need-other folks-die-forest (accessed 22 February 2022).

[51] “Children and victims of torture in Polish detention, MEPs said,” EUobserver, February 8, 2022, https://euobserver. com/migration/154320 (accessed February 22, 2022).

[52] Human Rights Watch, “Dying Here or Going to Poland:” Belarus and Poland’s Shared Responsibility for Border Abuses, November 24, 2021, https://www. hrw. org/report/2021/11/24/ Die-Here-or-Go-Poland/Belarus-and-Poland-Shared-Responsibility-Abuse-at-borders.

[53] United Nations General Assembly, Human Rights Council, Report of the Working Group on the Universal Periodic Review: Poland, A/HRC/36/14 (July 2017), para. 120. 104-105.

[54] Human Rights Watch, World Report 2022, Poland chapter, https://www. hrw. org/world-report/2022/country-chapters/poland.

[55] Madeline Roache, “Polish Media and Opposition Fight to Save Press Freedom from State Control,” Open Democracy, August 20, 2021, https://www. opendemocracy. net/en/polish-media-and-opposition-fight -save-press-freedom-state-control/ (accessed February 22, 2022).

[56] “RSF declares ‘state of press freedom emergency’ in Poland,” Reporters Without Borders statement, 13 September 2021, https://rsf. org/en//rsf-declares-press-freedom-state-emergency-Poland (accessed 22 February 2022).

[57] “Poland’s Supreme Court Criticizes Government for Restricting Media Access to Belarusian Border,” euronews, January 20, 2022, https://www. euronews. com/2022/01/20/poland-s-supreme-court-slams-government-for-restricting-media-access-at-belarus-border (accessed February 22, 2022).

[58] Judith Sunderland, “Asylum Rights Thrown into a Frozen Ditch on Poland-Belarus Border,” commentary, Human Rights Dispatch, March 12, 2021, https://www. hrw. org/news/2021/12/03/ Asylum-Thrown-Frozen-Gap-Poland-Belarus-Border.

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