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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. The vast majority of citizens declare Polish nationality and belonging to the Roman Catholic Church. Against this background, it is no surprise that Poland does not have a long tradition and experience of combating discrimination. The process of implementing into the legal system EU anti-discrimination laws concerning race, ethnic origin, religion, age, disability or sexual orientation was initiated as a result of membership of the EU and the conditions of membership, and not in order to improve the existing laws or to ease social pressures.

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 AET).

Enforcing the law

The 2010 AET 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. This principle does not specify the criteria for the prohibited forms of discrimination.

Until 2010 Poland has transposed the equality directives mainly in the employment field. There were still a number of gaps, which finally caused some referrals to the European Court of Justice. The risk of loosing cases mobilized Polish Government to final approval of the “Act of on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment” that entered into force on January 1st, 2011 (henceforth as Act on Equal Treatment or AET).

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

Until 2010 no institution or body has been officially designated to be the specialised body as required by Directive 2000/43.

The 2010 AET finally designates as an equality body the existing Ombudsperson office. The law adequately amended existing Act imposing on the Ombud new competences (in addition to its very broad mandate - protecting human rights and freedoms).

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.