A group of UN experts urged Poland to address entrenched discrimination and violence against the LGBT community through swift legislative and social reforms on Friday. The expert’s statement follows a comprehensive country visit, between November 18 and 29, that revealed both promising progress and persistent challenges.
The UN expert’s report highlights the enduring effects of discriminatory practices, such as the symbolic but impactful “LGBT-ideology free zones” established by over 100 local councils between 2015 and 2023. Although these resolutions lacked legal status, their existence underscored systemic prejudice and exacerbated the mental health challenges faced by the LGBT community. Activism and international pressure eventually led to the abandonment of these zones, but residual effects linger.
Significant gaps remain in areas such as education, employment, and healthcare. Schools lack adequate anti-discrimination training, leaving teachers ill-equipped to combat homophobia and transphobia. In workplaces, fear of discrimination prompts many LGBT individuals to hide their identities, while transgender people face additional barriers in accessing housing and healthcare. Recent legislative proposals aim to address these issues, but implementation remains uneven.
The report also draws attention to the challenges faced by same-sex couples, whose unions are neither recognised nor protected in Poland. Two recent European Court of Human Rights rulings, Przybyszewska and others v. Poland and Formela and others v. Poland, have found a breach of the right to private and family life under Article 8 of the European Convention on Human Rights, underscoring the need for legal recognition of same-sex unions, further pressuring the Polish government to act.
The UN Human Rights Council has mandated the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity to offer advice to States on how to remedy violence and discrimination since 2016. The visit was prompted by Poland’s recent steps to address human rights abuses, including a groundbreaking apology from the Ministry of Justice in December 2023 for the past harm caused to LGBT individuals by state actors and media. The apology marked a turning point, fostering improved access to government officials for civil society groups and signaling the possibility of legislative reform.
Encouragingly, a draft civil union bill and expanded hate crime protections are under consideration, signaling a shift toward a more inclusive legal framework. Municipal initiatives, such as Krakow’s growing Equality March, reflect changing societal attitudes, though officials acknowledge that political action has lagged behind public sentiment.
Despite these positive developments, Poland continues to rank last among European Union countries in LGBT legal protections, as highlighted in ILGA-Europe’s annual report. While amendments to the Polish Criminal Code now include sexual orientation in hate crime and speech provisions, gender identity remains excluded. Various cases of hate crime and speech, discrimination and isolation remain pertinent in Poland against the LGBT community.
As Poland grapples with its evolving role within the European Union, the UN expert emphasised the need for sustained commitment to human rights. “This moment represents an opportunity shaped by political circumstance,” the expert remarked, urging Poland to align its policies with EU standards and secure a more equitable future for all citizens.
