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Recommendations for Poland

STATEMENT, 9 May 2017

Mr. President

Norway thanks the Polish delegation for presenting its national report.

We recognize that efforts are being made to fight discrimination. However, Norway recommends that the penal code is amended, to provide that crimes motivated by discrimination on any grounds, including disability, gender identity and expression and sexual orientation, are included in the code and therefore can be investigated and prosecuted as hate crimes. We also recommend that the Human Rights Commissioner’s office is provided with sufficient financing to fulfill its obligations.

An independent civil society is an important part of democratic societies. Norway recommends that Poland ensures a legal and financial framework that allows NGOs to operate.

Regarding the sexual and reproductive rights for women, Norway recommends that Poland ensures that women can access lawful abortion by creating clear, legally binding regulations for the implementation of the 1993 Family Planning Act.

Advance questions

1. How will the government and parliament ensure that the recommendations presented by the Venice Commission concerning the Constitutional Tribunal are followed up?

2. The European Commission on Racism and Intolerance (ECRI) has recommended that Polish authorities should “conduct surveys and collect data on LGBT persons in Poland and on the discrimination and intolerance of which they are victims». How is Poland progressing in following up on this recommendation?

3. Where does Poland stand in regards to ensuring that women can access lawful abortion by creating clear, legally binding regulations for the implementation of the 1993 Family Planning Act?