Legislative and policy framework

Legislative and policy framework

The principle of equal rights is granted in Article 33(2) of the Constitution of the Republic of Poland adopted in 1997, which states that ‘Men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold office and to receive public honours and decorations’.[1]

Poland’s accession to the EU and subsequent compliance with EU principles contributed to a general improvement in the legal framework for equality, including significant changes to the act of 26 June 1974 (the Labour Code).[2]

The fundamental law promoting gender equality and addressing equality and non-discrimination is the act of 3 December 2010 on the implementation of certain EU regulations regarding equal treatment.[3] This act establishes the general framework for Poland’s equal treatment policy. Article 1 of the act outlines the areas and methods for preventing violations of equal treatment based on sex, race, ethnic origin, nationality, religion, denomination, beliefs, disability, age or sexual orientation, and identifies the authorities responsible for these matters.

Prior to this legislation, Poland had first committed to taking action to promote gender equality in 1997 through the adoption of a national action plan for women; however, the attempt to implement this plan failed. Since 2003, Poland has launched a number of national action plans on gender equality and equal treatment.

The national action plan on equal treatment for 2022–2030 (Monitor Polski, 2022, item 640) is Poland’s current action plan on gender equality. The main objectives are ensuring awareness raising, anti-discrimination measures and cooperation with social partners. The national action plan comprises eight priorities, each containing aims and actions.

Priorities of the national action plan on equal treatment for 2022–2023[4]

  • Priority 1: Anti-discrimination policy.
  • Priority 2: Labour and social security.
  • Priority 3: Education.
  • Priority 4: Health.
  • Priority 5: Access to goods and services.
  • Priority 6: Awareness building.
  • Priority 7: Data collection and research.
  • Priority 8: Coordination.

There are no specific indicators, although there are annual reports on implementation progress.[5] No separate budget has been allocated for the activities included in the plan, with the institutions involved absorbing the costs into their regular spending.

There is no governmental strategy or action plan for gender mainstreaming.

Structures

Governmental gender equality body

The Department for Equality within the Chancellery of the Prime Minister is the governmental body in Poland responsible for gender equality. The Department for Equality supports the newly formed role of the Minister for Equality (Ministra ds. Równości), created by the government following the 2023 parliamentary elections with the aim of focusing on equal treatment, including gender equality. As the Minister for Equality is a minister without portfolio, the position’s responsibilities are strictly limited to those outlined in regulations.

The department and the Minister for Equality were assigned the duties of the preceding governmental gender equality body: the Plenipotentiary for Equal Treatment (Pełnomocnik Rządu do Spraw Równego Traktowania).

Functions of the Ministry for Equality[6]

  • Implementing the government’s policy in the field of equality, including counteracting discrimination, in particular on the grounds of gender identity, race, ethnic origin, nationality, religion, denomination, belief, age, disability and sexual orientation.
  • Undertaking, supporting or coordinating tasks related to counteracting violations of equality.
  • Analysing needs and preparing proposals for directions of action in the field of counteracting violations of equality.
  • Monitoring good practices and solutions related to the issue of equality.
  • Initiating and conducting social dialogue in matters related to counteracting violations of equality.
  • Promoting, disseminating and propagating the principle of equality.
  • Implementing actions related to counteracting domestic violence.

While the Department for Equality within the chancellery is being properly established, the employees of the Plenipotentiary for Equality Treatment have been transferred to this new department. As a result, there are seven employees who spend approximately 25–50 % of their time on gender equality projects. The minister is fully funded by the national government; however, the transfer of responsibility means that the budget for the Ministry of Equality is not yet available.

There is no legal obligation for the Minister for Equality to regularly report to parliament. There is a procedure in place for ministries and public institutions to consult the department on legislation, policy, procedures and programmes in policy fields other than gender equality. However, as the department is still being established, there are no data available yet to show the frequency of such consultations.

Independent gender equality body

The act of 2010 designates the Commissioner for Human Rights (Rzecznik Praw Obywatelskich) as the independent body for the promotion of equality and human rights. The commissioner is responsible for the implementation of the principle of equal treatment under the conditions and in the modalities set out in the act of 15 July 1987 on the Commissioner for Human Rights.

Functions of the Commissioner for Human Rights

  • Acting as an independent body that assists those filing complaints related to discrimination based on various grounds, including gender.
  • Conducting independent research on discrimination.
  • Publishing reports that include recommendations on any legal changes required.

In implementing the principle of equal treatment, the commissioner may draw on a wide range of procedural rights, including the possibility of demanding the initiation of proceedings in civil cases. The commissioner may also take part in any pending court proceedings or apply to the Constitutional Tribunal for examination of the compliance of legal provisions with the Constitution of the Republic of Poland and ratified international agreements.

The commissioner is appointed by the lower house (Sejm) – with the consent of the upper house (Senate) – for five years. It is independent in its operations, distinct from other state bodies and accountable only to the parliament under the terms set out in the act of 2010. However, the budget of the commissioner must be approved by parliament. The commissioner is obliged to submit to parliament an annual report on its actions, which is then made public.[7]

The Task Force of Equal Treatment in the Office of the Commissioner for Human Rights is the entity responsible for gender equality.[8] The task force conducts gender analyses of policies and legislation, and researches gender equality. It also monitors progress towards achieving gender equality through its related reports, and publishes and disseminates information related to gender equality.

There is no legal obligation for the government and other public institutions to consult the task force on legislation, policy, procedure and programmes in fields other than gender equality. As a result, the task force is consulted in 25–50 % of cases, with such consultations leading to relevant adjustments in fewer than 25 % of cases.

The task force has 13 personnel, with up to 25 % of their time dedicated to gender equality.

The commissioner’s total budget is fully funded by the national government and stands at EUR 15 375 928, approximately 90 % of which is spent on administrative costs, with no estimate being made of the expenditure specifically on gender equality.

Parliamentary body

The Polish parliamentary body responsible for gender equality matters is the Social Policy and Family Committee, previously called the Family, Senior and Social Policy Committee.[9]

The committee works on social policy, employment and family-related legislation, and its members are elected by the Senate. According to the Senate’s rules and regulations, the Senate committees, ‘within the scope of their competence, shall examine bills passed by the Sejm and present reports thereon to the Senate’.[10]

The scope of the commission’s activities includes, among others, matters related to the protection of women’s rights and ensuring equal opportunities in professional and social life, and matters related to compliance with the constitutional principle of equal rights between women and men.

Regional structure

Plenipotentiaries for equal treatment have been appointed to improve the implementation of the principle of equal treatment in most of the voivodeships (i.e. regions or provinces) in Poland.[11] They are appointed based on Article 18(11) of the act of 23 January 2009 on the voivode and government administration in the voivodeship.[12] Moreover, the national action plan on equal treatment for 2022–2030[13] calls for a comprehensive, periodic strategy of action in the area of equal treatment at the voivodeship level and recommends regular monitoring of the situation in the voivodeship regarding equal treatment (based on data obtained from Statistics Poland (Główny Urząd Statystyczny), the Ministry of Justice, voivodeship police headquarters and other sources).

Additionally, women’s councils are being established within some local governments. They perform expert, consultative, advisory and initiative functions. They are introduced at the local government level through adopted regulations, but they are not formally regulated at the state level by an act and do not have officially secured financing from the commune budgets.

Consultation with civil society

Poland does not have a formal mechanism for the involvement of civil-society organisations in the development of new or existing policies, laws or programmes in the area of gender equality policy. The Minister for Equality does not distribute funds to non-government organisations.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Poland.

Gender impact assessment

When new laws are drafted, proposals must indicate the expected effects on the economy and society; however, there is no legal obligation to specifically assess the impact of the law on gender equality. The standard impact assessment form for bills (Ocena Skutków Regulacji) includes mandatory topics such as demographics and health.

Gender budgeting

There is no legal requirement to undertake gender budgeting for a ministerial budget or the budget of other governmental institutions. The practice of gender budgeting is still in its foundational stages and most government officials are unaware of it.

While the concept is primarily promoted by non-governmental organisations and is being introduced at the local level to some extent, there are no specific training or capacity building mechanisms to develop this among public administrations.

Training and awareness raising

Gender equality training is available for employees of the governmental gender equality body and other ministries on an ad hoc basis through internal meetings and workshops, although these are not mandatory.

Gender statistics

Statistics Poland is the national statistics office in Poland. There is no legal obligation for Statistics Poland to collect sex-disaggregated data; however, it collects such data on a regular basis through population surveys, reporting forms from private entities and reports of administrative data from public entities. Statistics Poland publishes sex-disaggregated data on its website in both Polish and English, including the recent report on Women on the Way to Sustainable Development in 2023.[14] Despite this commitment, Statistics Poland does not have a section of its website dedicated to gender equality, which may hinder dissemination.

The national action plan on equal treatment for 2022–2030 indicates the need to develop a system for collecting public data to monitor inequalities in the area of gender equality; however, as mentioned, there is no legal obligation for Statistics Poland to collect data disaggregated by sex beyond this policy commitment. The Act on Public Statistics of 29 June 1995 merely states that sex-disaggregated data can be collected.

Monitoring progress

Poland’s institutional mechanisms for gender equality and gender mainstreaming stand below the EU average and show a decline compared with 2021.

Explore Poland’s scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action.

Poland: Institutional mechanisms for gender equality and gender mainstreaming

References