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Poland

Executive Summary

Poland is a republic with a multiparty democracy. The bicameral parliament consists of an upper house (Senate) and a powerful lower house (Sejm). The president and the Council of Ministers headed by the prime minister share executive power. Incumbent President Duda was re-elected to a second five-year term after a second round of voting July 12. The Organization for Security and Cooperation in Europe conducted election observation. It found the presidential election was administered professionally despite legal uncertainty during the electoral process due to the outbreak of the COVID-19 pandemic and the rescheduling of the election to a later date. It also noted the public broadcaster “failed to ensure balanced and impartial coverage, and rather served as a campaign tool for the incumbent.” The government continued to implement judiciary-related measures that drew strong criticism from the European Commission, some legal experts, nongovernmental organizations, and international organizations.

The police force is a national law enforcement body with regional and municipal units overseen by the Ministry of Interior and Administration. The Border Guard is responsible for border security and combating irregular migration; it reports to the Ministry of Interior and Administration. The Internal Security Agency has responsibility for investigating and combating organized crime, terrorist threats, and proliferation of weapons of mass destruction. The Central Anticorruption Bureau is responsible for combating government, business, and financial corruption and may investigate any matter involving public funds. The prime minister appoints and supervises the heads and deputy heads of both offices, which also report to parliament. Civilian authorities maintained effective control over the security forces. Some members of law enforcement entities committed abuses.

Significant human rights issues included: criminal defamation penalties; violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and crimes involving violence or threats of violence targeting members of ethnic minorities.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses. There were no reports of security force impunity.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.

While courts may sentence a person convicted of domestic violence to a maximum of five years in prison, most of those found guilty received suspended sentences. The law permits authorities to place restraining orders without prior approval from a court on spouses to protect against abuse.

On November 30, a new law entered into force introducing an immediate restraining order that may be issued by police who respond to a domestic dispute. Under the revised law, the perpetrator must immediately leave the location where the violence took place. The president signed the legislation into law on May 19.

The Women’s Rights Center reported that police were occasionally reluctant to intervene in domestic violence incidents, sometimes arguing there was no need for police intervention. The center also noted some women complained police did not properly respond to their calls because they were preoccupied with duties related to monitoring the implementation of COVID-19 restrictions. During the country’s lockdown in March and April due to the pandemic, women’s rights NGOs noted an increase in the number of calls to their hotlines from domestic violence victims.

The law requires every municipality in the country to set up an interagency team of experts to deal with domestic violence.

Centers for victims of domestic violence operated throughout the country. The centers provided social, medical, psychological, and legal assistance to victims; training for personnel who worked with victims; and “corrective education” programs for abusers.

Sexual Harassment: The law prohibits sexual harassment, and violations carry penalties of up to three years’ imprisonment. According to the Women’s Rights Center, sexual harassment continued to be a serious and underreported problem.

Reproductive Rights: Couples and individuals generally have the legal right to decide freely and responsibly the number, spacing, and timing of their children but had restricted access to the information and means to do so. On October 22, the Constitutional Tribunal outlawed abortion in all but limited circumstances, although the implementation of this ruling was delayed. NGOs noted that infertility treatments were only available to legally married couples defined as a man and a woman, restricting access by LGBTI couples and all single persons.

The law obliges both central and local governments to provide citizens with unrestricted access to methods and means serving “conscious procreation,” implemented by the government as gynecological counseling for women and girls and access to contraception. While there were no legal restrictions on the right to obtain contraceptives, a patient’s ability to obtain them was limited, according to NGOs. The Federation for Women and Family Planning (Federa) noted the government excluded almost all prescription contraceptives from its list of subsidized medicines, making them less affordable, especially for poor women in rural areas. The law also provides that doctors may refrain from performing health services inconsistent with their conscience. According to a report during the year by ASTRA (the Central and Eastern European Network for Sexual and Reproductive Health and Rights), doctors regularly used the conscience clause to refuse to write prescriptions for contraceptives. The report also noted that some pharmacies intentionally did not sell contraceptives or have them in stock. The law does not permit voluntary sterilization. According to Federa, young persons lacked sex counseling services.

Although women have the right to comprehensive medical services before, during, and after childbirth, home birth, while legal, is not subsidized by the National Health Fund. According to the Childbirth with Dignity Foundation, standards for perinatal and postnatal care written into the laws are adequate, but the government failed to enforce them effectively. A 2018 report by the Supreme Audit Office indicated women living in rural areas had limited access to medical services related to childbirth due to an insufficient number of gynecological and obstetric clinics in smaller towns and villages.

The government provided access to sexual and reproductive health services for survivors of sexual violence. According to women’s rights NGOs, access was limited due to victims’ fear of social stigma, some legal constraints, and the use of the conscience clause by medical doctors who refused to provide such services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for the same legal status and rights for men and women and prohibits discrimination against women, although few laws exist to implement the provision. The constitution requires equal pay for equal work, but discrimination against women in employment existed (see section 7.d.).

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