Poland

In 2010, the Polish parliament adopted the Act on the Implementation of the Regulations of the European Union in the Field of Equal Treatment [3]. The Act implements several EU directives, including: Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006, on the implementation of the principle of equal opportunities and equal treatment of women and men in matters of employment and occupation; and Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation. The Act sets general framework conditions for equal treatment policy in Poland and specifies the competent bodies in equal treatment issues, i.e. the Plenipotentiary for Equal Treatment as the government body and the Commissioner for Human Rights as the independent equality body.

Government responsibilities

The Plenipotentiary for Equal Treatment (Pełnomocnik Rządu ds. Równego Traktowania) is responsible for the implementation of government policy on equal treatment, including gender equality.  

The Plenipotentiary for Equal Treatment was established in 2010 under the Act on the Implementation of the Regulations of the European Union in the Field of Equal Treatment. It 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 does not have a separate budget and has limited human resources, as it sits within the Chancellery of the Prime Minister.

The tasks of the Plenipotentiary for Equal Treatment include:

• Implementing government policy on the principle of equal treatment, including combating discrimination, in particular on grounds of sex, race, nationality, ethnicity, religion, belief, age, disability, and sexual orientation;
• Preparing and reviewing draft legal acts in the field of equal treatment;
• Conducting analyses and evaluations of legal solutions in terms of respecting the principle of equal treatment;
• Applying to the competent authorities for issuing or amending legal acts in the field of matters belonging to the Plenipotentiary;
• Taking action to eliminate or limit the consequences of infringements of the principle of equal treatment;
• Analysing and assessing the legal and social situation in the field of equal treatment;
• Initiating, implementing, coordinating or monitoring measures to ensure equal treatment and protect against discrimination and initiate actions to limit the impact of violations of the principle of equal treatment.

The Plenipotentiary should cooperate with national social organisations, including trade unions and employers' organisations, as well as with other countries, organisations, and international and foreign institutions in matters related to equal treatment and anti-discrimination. With the consent of the Prime Minister, the Plenipotentiary may submit draft government documents within its scope of operation.

After the change of government in January 2016, an additional post of Plenipotentiary for Civil Society was established. Since then, the same person holds both offices - Plenipotentiary for Equal Treatment and Plenipotentiary for Civil Society. The significance and influence of the Plenipotentiary for Equal Treatment decreased substantially following this change, in both its scope of its activity and public visibility. The lack of a new NAP is the most important example of this decrease.

Independent gender equality body

The Act on the Implementation of the Regulations of the European Union in the Field of Equal Treatment designates the Commissioner for Human Rights as the second central institution responsible for implementing equality policy. The Commissioner is responsible for the implementation of the principle of equal treatment under the conditions and in the modes 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 an independent body providing assistance to those filing complaints related to discrimination. 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 opportunity to demand 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. The office of the Commissioner is obliged to submit an annual report on its actions to the parliament, which is then made public. However, the independence of the Commissioner’s activities has certain limits. The budget of the Commissioner for Human Rights is approved by the parliament and has seen incremental reductions since the change of government in 2015.

Parliamentary bodies

Article 22 of the Act on the Implementation of the Regulations of the European Union in the Field of Equal Treatment obliges the Plenipotentiary for Equal Treatment 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, together with a report on the implementation of the NAP on Equal Treatment (Article 23 of the Act). Both reports are publicly available on the website of the Plenipotentiary. The last report on the NAP implementation covers the year 2016 and no evaluation has yet been carried out.  

The Act does not provide any explicit obligation to conduct comprehensive monitoring or evaluation of the Act’s application, nor any sanctions to be imposed on competent authorities failing to achieve these goals.

Regional structures

Plenipotentiaries for Equal Treatment were appointed to improve the implementation of the principle of equal treatment in all voivodeships in Poland [4]. They were appointed based on Article 18(11) of the Act of 23 January 2009 on the voivode and government administration in the voivodeship [5], in connection with the NAP 2013-2016.  

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 in the office servicing 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 servicing the voivode. The scope of their responsibility is the same in every voivodeship in Poland.

After the 2018 local elections and the completion of the NAP 2013-2016, most Plenipotentiaries continue to play a role in voivodeships, although experts note that their importance has  diminished [6]. Many local governments appoint their own Plenipotentiaries for Equal Treatment, independently of the central government and administration  (especially in the western part of Poland). These authorities operate under the rules set by local governments.

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