Poland

Governmental equality bodies

The Plenipotentiary for Equal Treatment (Pełnomocnik Rządu ds. Równego Traktowania)^[5] is the governmental body in Poland responsible for the promotion of gender equality.^[6] It was established in 2008 and further regulated under the Act of 2010. The body implements government policy on equal treatment, including gender equality, and is appointed and dismissed by the Prime Minister of the Republic of Poland. The Plenipotentiary has 10 employees who allocate between 25% to 50% of their time to gender equality work.

The Plenipotentiary is consulted on policy matters. During the first 11 months of 2021, the Plenipotentiary was consulted on 126 legislative bills. These were submitted by the government, the parliament, the President of the Republic of Poland, and citizens. In addition, it provided opinions on 38 legislative projects of the Ministry of Family and Social Policy.^[7]

Article 22 of the Act of 2010 obliges the Plenipotentiary to prepare and submit annual reports to the Council of Ministers, providing information on activities, conclusions and recommendations related to compliance with the principle of equal treatment,^[8] together with a report on the implementation of the NAP on Equal Treatment (Article 23 of the Act). The reports for 2019^[9], 2020^[10] and 2021^[11] have been published.

Coordination takes place across ministries on equal treatment but there is no evidence this is also the case for gender mainstreaming. During the period 2013-2016, Equal Treatment Coordinators were appointed in some ministries, in the Prime Minister’s Office and the Central Statistical Office.

Independent 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 to the Commissioner for Human Rights.

One of the Commissioner’s key tasks is to act as an independent body assisting with those filing complaints related to discrimination based on different grounds including gender. It also conducts independent research on discrimination and publishes reports that include recommendations on 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, as well as taking part in any pending court proceedings or applying 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 - with the consent of the upper house - 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 and in the past has caused some tensions. ^[12] The Commissioner is obliged to submit an annual report on its actions to the parliament, which is then made public.^[13]

The Department of Equal Treatment in the Office of the Commissioner for Human Rights is the entity responsible for gender equality.^[14] The Department conducts gender-sensitive analyses of policies and legislation, and research on gender equality. It also monitors progress in achieving gender equality through its related reports and may publish and disseminate information related to gender equality. However, the Department is only occasionally consulted by departments of ministries on policies, laws, or programmes. The Department has 13 employees with two part-time employees working exclusively on gender equality issues.

Parliamentary body

The Polish Parliamentary body responsible for gender equality matters is the Family, Senior and Social Policy Committee.^[15] The Committee works on social policy, employment and family-related legislation, and its members are elected by the Senate. According to the Chamber’s rules and regulations, ‘The committees, within the scope of their competence, shall examine bills passed by the Sejm (lower chamber) and present reports thereon to the Senate.’^[16]

Regional structure

Plenipotentiaries for Equal Treatment have been appointed to improve the implementation of the principle of equal treatment in all 16 voivodeships (i.e. regions or provinces) in Poland.^[17] They are appointed based on Article 18(11) of the Act of 23 January 2009 on the voivode and government administration in the voivodeship.^[18] Moreover, the draft National Action Programme for Equal Treatment for 2021-2030^[19]  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 in the area of equal treatment (based on data obtained from the Central Statistical Office, the Ministry of Justice, Voivodeship Police Headquarters and other sources).

These regional Plenipotentiaries cooperate with the Government Plenipotentiary for Equal Treatment, as well as with NGOs working on equal treatment and anti-discrimination. They are responsible for undertaking activities to promote the principle of equal treatment in the voivodeship and the office serving the voivode. At the request of the Government Plenipotentiary, they provide information on compliance with the principle of equal treatment in the voivodeship and the office serving the voivode. The scope of their responsibility is the same in every voivodeship in Poland. However, they are independent of the Government Plenipotentiary and may employ their staff as required.

Consultation with civil society

Consultation and engagement with civil society in Poland are limited. Nonetheless, all NGOs can take part in public consultations on draft laws.