| Last updated: 11 September 2012 |
Introduction |
The Republic of Poland is a multiparty parliamentary republic, a member of the European Union since 2004. The President is Head of State, elected by direct universal suffrage every five years. The President elected in 2005 was Lech Kaczynski (twin brother of Jaroslaw, former Prime Minister) who died in a plane accident in 2010. Elections were held to determine who would be President for the period 2010-2015. The first round took place on 20 June 2010; as no candidate obtained an absolute majority of the votes, a second round was held on 4 July between the two candidates who had obtained most votes and Bronislaw Komorowski emerged as the winner and took over the interim presidency following the death of the previous President. Komorowski (of the Liberal Party) obtained 53% of the votes. His rival, Jaroslav Kaczynski, was not far behind with 47%.
Senator Jerzy Szmajdzinski, presidential pre-candidate for the Democratic Left Alliance, also died in the same accident as Kaczynski. Two other Senators died in the accident, so on 20 June senatorial elections were also held to fill these seats. Women hold 92 of the 460 seats in the lower house (20%) and 8 of the 100 seats making up the Senate (8%).
The President appoints the Cabinet and the Prime Minister, who normally belongs to the majority coalition in the lower house (Sejm) which must also approve these proposals. With the executive power being shared by the President and the Prime Minister, Poland is considered to be a semi-presidential regime.
The Polish voters elect a bicameral parliament, the lower house or Sejm, and the Senat, the upper house. The Sejm is elected from lists of candidates through the D'Hondt proportional representation system, a fairly widespread method used in other parliamentary systems. The Senate is elected through a plurality block voting system on a simple majority: the candidates elected are those receiving the greatest support in each electoral district. Apart from the ethnic minority parties, only candidates from parties receiving at least 5% of the national vote can enter the Sejm. When they sit in a joint session, the members of the Sejm and the Senate form the National Assembly. Such sessions take place on three occasions: for the inauguration of a new President, when charges against the President of the Republic reaches the State Tribunal and when it is declared that the President is permanently incapable of performing his duties due to his state of health. So far, only the first of these has occurred.
The Judiciary is considered to be independent by law and in practice, but it lacks the necessary resources.
The law prohibits discrimination based on race, gender, disability, language or social status, but incidents still occur and some groups are subject to violence and social discrimination. The Criminal Code lacks a clear legal definition of torture, which is not considered to be a criminal offence on its own.
In June 2010, a revised Criminal Code came into force allowing the forced chemical castration of convicted paedophiles. According to the law, the courts can decide whether the offender must undergo this treatment six months before being released on parole. In the case of the rape of a person under 15 years of age or of incest, chemical castration will be mandatory. There are no reports of the application of this punishment by judges during the year.
Transparency International indicates that citizens' confidence in the country's institutions has deteriorated and makes references to perception of corruption within the government. According to the Corruption Perceptions Index 2010, Poland scores 5.3 on a scale of 0 to 10.
The law guarantees freedom of expression and of the press, but there are limitations in practice; for instance, anything which "publicly insults or humiliates a constitutional body" is liable to prosecution. The media work actively and express a diversity of opinions without any major restrictions.
Access to television services by satellite and cable is easy. The law prohibits the media to promote activities "contrary to government policy, morality or the common good" and demands that broadcasting bodies "respect the religious sentiments of the audience and particularly the Christian system of values."
Poland is a source, transit and destination country for women and girls trafficked for the purpose of sexual exploitation. Above all, traffickers target young, unemployed or poorly paid women without support networks. Local police are accused of complicity in this trafficking by accepting bribes.
Organisations representing LGBT persons report that discrimination is common in schools, at the workplace and in hospitals and clinics. For example, LGBT persons are prevented from donating blood due to the perception that HIV/AIDS is common in the LGBT community. In 2010 there were some reports of violence by "skinheads" and social discrimination against LGBT persons. There are several LGBT organisations operating in the country, with the focus on the prevention of discrimination against LGBT persons and the promotion of respect and tolerance.
On 17 July 2010, Warsaw organised the EuroPride parade, an annual event with participants from all over Europe, to defend the rights of LGBTs. Approximately 8,000 local and international activists took part in the parade with no serious incidents. A group of 300 counter-demonstrators from radical groups such as the All Poland Youth League tried to interrupt the event, throwing eggs, bottles and stones at the participants. The police arrested 236 people. The All Poland Youth League is a homophobic and anti-Semitic organisation.
On 18 March 2010, a Krakow court sentenced three people to two and a half years in prison for stealing in December 2009 the "Arbeit macht frei" sign hanging over the main entrance to the Nazi extermination camp of Auschwitz. The sign was found cut up into three pieces and buried in a forest two days after the theft. Prosecutors accused a man of Swedish nationality who had links with a neo-Nazi organisation of having orchestrated the theft. The Krakow court sentenced the man, who was extradited to Sweden, to two years and eight months in prison.
The centre against AIDS mentions cases of discrimination against persons affected with HIV.
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Education Rights
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Education is universal, compulsory and free up to the age of 18. Most pupils continue their studies up to postsecondary level. Concerns have been raised about the immunity of teachers from prosecution for the use of corporal punishment in schools. Religious education in State schools is taught by representatives of the Catholic Church. Parents can request classes in any registered religion, a choice can be made between religious instruction and ethics and exemption from any religious instruction is possible. Catholic Church representatives are members of the commission which decides which books are approved for school use.
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Early Childhood Education (ECE)
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A three-year programme begins at the age of four. At this level, 6% of education is private. The net enrolment rate (NER) is 63%. There are 53,895 ECE teachers (98% women). The pupil/teacher ratio (PTR) is 16:1.
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Primary Education
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Education is compulsory between the ages of 7 and 15. Primary education begins at the age of seven and lasts for six years. At this level, 1% of education is private. The NER is 96% (49% female). Of the pupils who enroll for the first grade of primary school, 99% reach the final grade. 1% of pupils repeat grades. There are 235,763 primary school teachers (85% women). The PTR is 10:1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at the age of 13 and lasts for six years. At this level, 6% of education is private. 54% of secondary school pupils follow technical training courses. The NER is 93%. 1% of pupils repeat grades. There are 275,939 secondary school teachers, 129,567 (74% women) in lower secondary and 146,372 (64% women) in upper secondary. The PTR is 13:1 in lower secondary and 15:1 in upper secondary.
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Tertiary/Higher Education
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2,149,998 students (58% females) are studying in tertiary institutions, with a gross enrolment rate of 71%. At this level, 28% of education is private. There are 7,608 foreign students in Poland, mostly from Central and Eastern Europe (4,824), North America and Western Europe (1,376), Asia (939), the Arab States (205), Sub-Saharan Africa (193) and Latin America and the Caribbean (71). At the same time, there are 28,786 Polish students studying abroad, particularly in Germany (15,417), France (3,270), US (2,913), Austria (1,172) and Italy (1,002).
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Children with Special Needs
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Education for children with special needs forms an integral part of the Polish education system. The reformed Act on School Education of 1999 brought in new rules for the organisation of special education. Special education may be provided by State-run and private schools. The responsibility for special nursery schools lies with the local self-government (gmina) and for special schools and special education centres with the district authorities (powiat). Special education is financed on the same basis as mainstream education. Education grants for schools for children with special needs take account of the location, type of school, class structure and the teacher training and transportation required. Young children between three and five can have access to early intervention services. Support teams include different specialists. Some mainstreaming of special needs pupils occurs and some specialised schools are also available. There are reports that social discrimination against persons with disabilities still exists.
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Refugee Children
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The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention Relating to the Status of Refugees and its Protocol of 1967, and the government cooperates with the UNHCR in assisting refugees and asylum-seekers. Under Polish law, all children aged between 6 and 18 must attend school. The legislation on asylum requires children to pass a Polish language test before they can be admitted to school. Refugee reception centres and schools are working to find a compromise solution. Efforts are under way to have children start school as soon as possible to learn the language with Polish children. A UNHCR survey found that up to 50% of child asylum-seekers in Poland were not attending courses at the reception centres or at State schools. Problems with the Polish language results in refugee children being placed in classes below their age level, and many drop out as a result. The shortage of transport services is also said to limit attendance. In 2010 the government granted refugee status to 84 people compared to 133 in 2009. The government denied refugee status in 3,967 cases.
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Minorities and Indigenous Peoples
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Reports indicate that the Roma population is subjected to violence and discrimination. Social discrimination against the Roma community makes it difficult to provide social services to them such as education. The rate of unemployment among the Roma population is very high and is worsening through economic changes and the restructuring of the country. A programme has been introduced to employ Roma assistants in schools to provide vocational training to Roma children and to train the police in offences of a racist nature. In a report in November 2009, the UN Committee on Economic, Social and Cultural Rights expressed its concern at the continuing widespread discrimination against the Roma in Poland in areas such as employment, education, and land ownership, access to social benefits, housing and health care.
Ethnic minorities have the right to be taught in their own language. Cases of abuse are also reported against people of African, Asian or Arab origin, whilst Ukrainian and Byelorussian minorities also complain of aggression.
In December 2010, the evangelical pastor John Godson, born in Nigeria and resident in Poland for almost two decades, became the first member of parliament of black ethnicity in the history of this Central European country. It is calculated that the number of black immigrants in Poland is around 5,000. If we bear in mind that Poland is a country with an overwhelming Catholic majority, and ethnically homogenous, the possibility of a foreigner of evangelical or protestant faith, and black too, becoming a member of parliament were miniscule. But once again, fortunately, fact is stranger than fiction and statistics.
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Academic Freedom
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Although reports do not indicate any restrictions on academic freedom, groups of academics claim that the influence of religious groups has increased, which limits freedom of research into some subjects, especially those relating to sexuality and morality.
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Gender Equality
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There are no gender-specific data concerning the level of poverty in the country. The Central Statistical Office does not give a breakdown of poor people according to gender.
Domestic violence is a serious problem and the number of women suffering abuse in the home is probably much higher than indicated in the reports. Violence continues to be hidden in rural communities and the police are reluctant to intervene in cases of domestic violence. On 1st August, a revised law on domestic violence gave prosecutors the authority to issue a restraining order without requiring court approval, but the police cannot issue immediate restraining orders. The new law on domestic violence will allow victims to receive more legal and psychological help. Divorce rulings do not normally include a financial settlement in favour of women. Sexual harassment is prohibited but women's organisations indicate that it is still a problem and is rarely reported.
The Women's Congress has successfully promoted two major legislative changes: women must make up at least 35% of electoral candidates and there must be nurseries for children under three years old. Both laws were passed by Parliament and signed by the President in 2011. They were the subject of virulent attacks by the right-wing, who claimed they were a danger to family values, whilst others considered them to be insufficient. However, both of them can bring about significant changes. Poland is one of the European countries with the smallest percentage of women on the labour market (around 53%, compared to the EU average of about 60%). The lack of affordable nurseries is a key factor, along with widespread discrimination in employment. The wage gap between men and women, now widely debated in the media, is around 23%. It is clear that women, the last to be recruited and the first to be made redundant and the ones more likely to have a precarious, short-term job with no benefits, have been the losers in the new Polish free-market economy. The social costs of the transition are still being borne disproportionately by women. The youngest lose their jobs when they become pregnant, whilst the oldest are thrown out of work and asked to retire. It may well be that as a result of the financial and demographic crisis the prospects of a decent pension are not too bright for anyone, but they are much worse for women, who not only earn less but also frequently interrupt their employment to shoulder family responsibilities not shared by their partners and retire five years before men (at 60 and 65 respectively). Women are also the main providers of public services, making up as much as two-thirds of the workforce in education, health and welfare. As the public sector is suffering cuts due to the economic crisis, it is feared that female unemployment will increase.
The law governing voluntary interruption of pregnancy (VIP) in Poland states that abortion is legal up to the twelfth week of gestation and when the pregnancy endangers the life or health of the mother or prenatal tests or other medical findings indicate a high risk of the fetus being severely and irreversibly damaged or suffering from an incurable life-threatening illness or there are strong reasons to believe that the pregnancy is the result of rape or incest. However, access to appropriate care for a VIP is still very difficult, which has led to a large number of backstreet abortions. In May 2011, in the city of Poznan, antiabortionist groups put up an enormous poster reminding Poles of the Nazi regime during the Second World War. The greatest impact lies in the sentence accompanying the poster: "Abortion was introduced for Polish women by Hitler on 9 March 1943", referring to a law passed by the Nazi regime during its brutal six-year occupation of Poland.
Sex education has disappeared from schools, having been replaced by religious classes. The debate on sexuality and maternity is being led by the Catholic Church with its arguments calling into question sexual and reproductive rights. The country has received various observations from international bodies in this connection. The Committee on the Elimination of Discrimination against Women urged Poland to introduce measures to widen access for women to health care and called for research on the extent, causes and consequences of illegal abortions and their impact on women's health. On 4 June, the UN Special Rapporteur on health matters, Anand Grover, presented a report to the Human Rights Council on his visit to the country in 2009 to assess the situation as regards sexual rights and reproductive health. In his conclusions he mentioned serious obstacles to access to reproductive health services such as contraception and prenatal tests. Grover issued a call for impartial sex education and better financing for contraceptives.
The Third Women's Congress, planned for September 2011 in Warsaw, is officially entitled the European Womens Congress, and is one of the main events of the rotating Presidency of the European Union, which will then be with Poland.
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Child Labour
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The minimum age for employment is 15. Minors aged between 15 and 18 can work if they have completed primary school and the work does not affect their health. The laws and regulations protecting minors from exploitation at the workplace are strictly enforced. The labour inspectorate reports that increasing numbers of minors work and many are underpaid. It has encountered cases of violation of the law in restaurants, on farms and in factories and small private companies.
In February 2009, the Helsinki Foundation for Human Rights based in Warsaw published a report stating that child prostitution is a problem, although the extent of it is difficult to measure due to the lack of resources to collect data on the phenomenon.
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Trade Union Rights
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The law states that all workers, including civilian employees of the armed forces, the police and frontier guards have the right to form and join independent trade unions without prior authorisation or excessive requirements. Migrant and foreign workers also have the right to form and join trade unions. Whilst many workers exercise this right, in practice many small and medium-sized companies discriminate against those trying to organise themselves. Approximately 15% of the labour force belongs to a trade union.
Workers have the right to strike, except for those employed in what are considered to be essential services, such as the security forces, the courts, the police, frontier guards and fire brigades. These workers have the right to protest and to seek settlement of their grievances through mediation and the judicial system. Cumbersome procedures have made it difficult to comply with all the legal and technical requirements in order to call a strike. The labour tribunals are slow to act when it comes to deciding on the legality of strikes, whilst penalties for employers provoking strikes are minimal. The unions claim that the laws prohibiting reprisals against strikers are not systematically applied and that the small fines imposed on employers are ineffective. Approximately 14% of the labour force is covered by contracts resulting from collective bargaining.
According to some analysts, the economic crisis is causing the black (informal) economy to grow with many companies, small businesses in particular, trying to minimise labour costs and avoid taxes and other costs associated with formal employment. It is very likely that the growth of the informal economy affects women more than men since it is women who often have lower-paid jobs, especially in the private services sector (in the retail trade, for example).
In 2009 there were numerous strikes and demonstrations in response to the economic crisis and the sharp fall in employment. The consensus between the social partners as regards measures against the crisis was modified by the government, to the great disappointment of the unions. Increasing numbers of workers have to survive for months without being paid and without the benefits that form a significant part of their incomes.
Public sector companies cannot negotiate with their employees without the participation of the ministries to which they are accountable. The law provides for the parties to the dispute accepting formal mediation and then a hearing by the Court of Arbitration and the Supreme Court, depending on the number of employees involved, and in the last resort strike action. By law employers are obliged to notify the district inspectorate of the existence of a dispute at the workplace. In 2009 the State inspectorate recorded 433 disputes. The authorities attribute the dramatic reduction to a fall in the number of disputes with teachers and to anxieties concerning job security during a period of economic instability.
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Footnotes
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State of the World Population 2010. "From Conflict and Crisis to Renewal: Generations of Change" UNFPA, November 2010, www.unfpa.org (English)
Women in National Parliaments, Inter-Parliamentary Union, March 2011, www.ipu.org
The D'Hondt system is an electoral formula created by Vctor D'Hondt which allows the number of seats to be allocated to the party-lists to be allocated in proportion to the votes obtained
Corruption Perceptions Index 2010, Transparency International, www.transparency.org
Human Rights report 2010: Poland, US Department of State, Bureau of Democracy, Human Rights and Labor, www.state.gov
Annual Survey of Violations of Trade Union Rights 2010, International Trade Union Confederation, www.ituc-csi.org
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