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Introduction

The information contained on this page represents the situation as of 1 January 2010 and is a summary of the  country report produced by the country expert from the network. The summary can be downloaded  here as well.

Contact: 
Łukasz Bojarski
E-mail: lukeboja@gmail.com

Country context

After the Second World War Polish society became ethnically homogenous. According to the 2002 national census, 96.74 per cent of the population declared themselves as being of Polish nationality, 1.23 per cent stated that they were members of national and ethnic minorities, while the number of foreigners permanently resident in Poland was approximately 0.1 per cent.

Main principles and definitions

The 2010 Act on Equal Treatment introduced several legal definitions that until 2010 were included only in the Labour Code and related only to employment field (however currently definitions from labour code are also binding, sometimes they are slightly different than those in the Act on Equal Treatment).

Enforcing the law

The 2010 Act on Equal treatment introduced general compensation claim stating that anyone (civil and legal persons) who suffers from the infringement of the principle of equal treatment is entitled to compensation. The relevant general rules of civil code and civil procedure code apply.

Main legislation

The 1997 Polish Constitution contains general anti-discrimination clauses, according to which all people shall be equal before the law and have the right to equal treatment by public authorities and no one shall be discriminated against in political, social or economic life for any reason whatsoever.

Material scope

According to Labour Code in the field of employment any discrimination is forbidden, in particular with regard to concluding and terminating an employment relationship and the terms of employment, promotion and access to vocational training aimed at upgrading professional qualifications. The prohibition of discrimination also applies to all the institutions of the labour market, such as employment agencies and employment counselling as well as training courses for the unemployed. 

Equality bodies

Untill 2010 no institution or body has been officially designated to be the specialised body as required by Directive 2000/43. There was no single “specialised body” which would be able to fulfil all three functions in the sense of Article 13.2 of the Racial Equality Directive.

The 2010 Act on Equal Treatment finallydesignates as an equality body the existing Ombudsperson office (Commissioner for Civil Rights Protection – Rzecznik Praw Obywatelskich).

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.