Human Rights in Poland

Human Rights in Poland

Human Rights in Poland

International Human Rights Day is celebrated annually on December 10th, the anniversary of adopting and proclaiming the Universal Declaration of Human Rights by the United Nations General Assembly in 1948. The anniversary has prompted reflection on the respect for human rights in Poland. The overall situation in this regard is good, nevertheless some blemishes remain. One of them is the attitude of the Polish government to the possibility of questioning violations of a certain category of human rights on the international stage. This concerns economic, social and cultural rights, children’s rights, and the rights of persons with disabilities. Unlike other European countries, Poland consistently refuses to grant to citizens under its jurisdiction the right to file an individual or collective complaint to the UN Committee on Economic, Social and Cultural Rights, the European Committee of Social Rights, the UN Committee on the Rights of the Child, and the UN Committee on the Rights of Persons with Disabilities. To enable that ratification, four international covenants which institute the relevant procedures for bringing complaints would be required. The Ministry of Foreign Affairs presents arguments against binding Poland with such covenants. One of the reasons is that, in the assessment of the Polish authorities, complaints to international bodies are groundless due to the nature of this group of rights. These violations are not actionable in court since the International Covenant on Economic, Social and Cultural Rights provides only programme guidance. However, even clauses which have the nature of guidance contain minimum core obligations which should be guaranteed by the state and hence be subject to international verification. The failure to ratify the complaint instruments raises doubts as to the actual will on the part of the authorities to ensure the observance of these rights and at present citizens cannot effectively assert their rights internationally.
Gazeta Prawna

Newzar by email

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