CONSEJO DE DERECHOS HUMANOS - Informe A HRC 5943 Add 2

GE.25-05754 (S) 050525 050525 Consejo de Derechos Humanos 59º período de sesiones 16 de junio a 11 de julio de 2025 Tema 3 de la agenda Promoción y protección de todos los derechos humanos, civiles, políticos, económicos, sociales y culturales, incluido el derecho al desarrollo Visita a Polonia Informe del Experto Independiente sobre la protección contra la violencia y la discriminación por motivos de orientación sexual o identidad de género, Graeme Reid Resumen En el presente informe, el Experto Independiente sobre la protección contra la violencia y la discriminación por motivos de orientación sexual o identidad de género, Graeme Reid, expone sus conclusiones acerca de su visita a Polonia, que tuvo lugar del 18 al 29 de noviembre de 2024. Basándose en la información recopilada antes, en el transcurso y después de su visita, el Experto Independiente evalúa el grado de aplicación de las normas nacionales e internacionales de derechos humanos destinadas a combatir l a violencia y la discriminación por motivos de orientación sexual o identidad de género. El Experto Independiente ofrece un análisis exhaustivo de la situación de los derechos humanos de las personas lesbianas, gais, bisexuales, transgénero y otras persona s de género diverso en Polonia, destacando tanto las buenas prácticas como los retos persistentes. El Experto Independiente presenta asimismo recomendaciones para mejorar la protección contra la violencia y la discriminación por estos motivos.

El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente dicho, que figura en el anexo, se distribuye únicamente en el idioma en que se presentó.

El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente dicho, que figura en el anexo, se distribuye únicamente en el idioma en que se presentó.

Naciones Unidas A/HRC/59/43/Add.2

Asamblea General Distr. general 22 de abril de 2025

Español Original: inglésA/HRC/59/43/Add.2

2 GE.25-05754 Anexo Informe del Experto Independiente sobre la protección contra la violencia y la discriminación por motivos de orientación sexual o identidad de género, Graeme Reid, acerca de su visita a Polonia

I. Introduction

A. Visit

1. The Human Rights Council established the mandate of Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity in its resolution 32/2, and subsequently extended it in its resolutions 41/18 and 50/10.

The mandate reflects the Council’s recognition that, in all regions, violence and discrimination based on sexual orientation and gender identity are pervasive and systemic , yet remain insufficiently addressed. Country visits serve to identify and assess good practices and protection gaps and to provide States with recommendations to prevent and remedy patterns of violence and discrimination.

2. At the invitation of the Government, the Independent Expert, Graeme Reid, undertook a visit to Poland from 18 to 29 November 2024. The visit was aimed at assessing the implementation of national and international human rights standards concerning protection against violence and discrimination based on sexual orientation and gender identity.

3. In 2022, Poland accepted the recommendation from Uruguay during its universal periodic review to consider inviting the Independent Expert “to visit the country, in order to have timely technical advice to strengthen national policies and counter disinformation ”.1

4. During the visit, the Independent Expert spent time in Warsaw, where meetings were

3. In 2022, Poland accepted the recommendation from Uruguay during its universal periodic review to consider inviting the Independent Expert “to visit the country, in order to have timely technical advice to strengthen national policies and counter disinformation ”.1

4. During the visit, the Independent Expert spent time in Warsaw, where meetings were held with State officials and national equality bodies, as well as in Krakow, Lublin, Wrocław and Poznań, where he engaged with municipal and regional authorities – except in Lublin, where regional authorities were unavailable. In total, the Independent Expert met with 130 individuals (53 civil society representatives, 45 representatives of central-level authorities, 30 regional and municipal officials and 2 representative s of the national human rights institution).

5. The Independent Expert expresses his appreciation to the Government of Poland for its invitation and for the high level of cooperation in the preparation and conduct of the visit.

A visit of this nature requires significant coordination, and the Independent Expert is particularly grateful to the Ministry of Foreign Affairs for organizing State engagement at the national, regional and municipal levels. Appreciation is also extended to the many officials who dedicated their time and expertise, engaging can didly on substantive issues related to sexual orientation and gender identity.

6. The Independent Expert met with numerous lesbian, gay, bisexual, transgender and other gender -diverse (L GBT) individuals2 and civil society representatives, including women’s rights advocates, who shared detailed insights on recent developments, the current situation and prospects for rights protections in Poland. Experts also provided background and contextualized the situation within broader political and regional dynamics.

7. The Independent Expert expresses gratitude to representatives of the Office of the United Nations High Commissioner for Refugees in Poland for their hospitality, practical assistance and engagement, as well as for their contributions within their respective areas of expertise on issues falling within the Office’s mandate.

1 A/HRC/52/15, para. 114.23. 2 Throughout the present report, the acronym “LGBT” should be read as inclusive of all gender-diverse

expertise on issues falling within the Office’s mandate.

1 A/HRC/52/15, para. 114.23. 2 Throughout the present report, the acronym “LGBT” should be read as inclusive of all gender-diverse persons.A/HRC/59/43/Add.2 GE.25-05754 3

B. Context and background

8. The Independent Expert visited Poland during a period of significant transition.

Following eight years of rule by the United Right coalition led by the Law and Justice Party (PiS) (2015–2023) – which was marked by high-profile anti-LGBT rhetoric and a decline in democratic standards that distanced Poland from European Union norms – three opposition parties won 54 per cent of the vote and formed a coalition Government. Th e new administration has pledged to restore democratic standards, address protection gaps and align national legislation with international human rights norms.

9. Between 2015 and 2023, without sufficient legal protections, LGBT individuals were exposed to harmful State-sponsored rhetoric that fostered an environment in which discrimination and even violence thrived. LGBT people also faced restrictions on freedoms of expression, peaceful assembly and association. In a context in which scapegoating and inadequate legal safeguards rendered LGBT people vulnerable to human rights abuses, the Independent Expert examines, in the present report, both the symbolic and the practical dimensions of LGBT individuals’ experiences in their pursuit of freedom from violence and discrimination. He highlights the measures taken by authorities to support this goal and offers recommendations for further progress.

10. The current coalition Government’s reform efforts face both inherited and ongoing political obstacles. The coalition includes socially conservative members with differing views on the nature and pace of legal reforms, requiring compromises on the timing and content of bills aimed at reducing discrimination and advancing equality based on sexual orientation and gender identity, such as the civil union bill, expanded provisions on hate crime and provisions on legal gender recognition. However, many civil society representatives expressed disappointment and frustration at the slow pace of change .

content of bills aimed at reducing discrimination and advancing equality based on sexual orientation and gender identity, such as the civil union bill, expanded provisions on hate crime and provisions on legal gender recognition. However, many civil society representatives expressed disappointment and frustration at the slow pace of change .

11. The President, from the PiS party – which made open hostility towards the rights of LGBT people a pillar of its tenure – holds veto power, further limiting progress. Moreover, the previous Government’s undermining of the rule of law, including ignoring Constitutional Tribunal rulings and unlawfully appointing judges, has left key institutions politicized. As a result, legal reforms are constrained by an opposition -aligned President, a politicized Constitutional Tribunal and internal divisions within the coalition.

12. Notwithstanding these constraints, the Government has made a decisive break with the past. Hostile rhetoric from State-aligned media has come to an end, “LGBT ideology-free zones” have been rescinded, a civil union bill has been drafted and the expansi on of hate crime laws is under way. Beyond legislation, practical measures have been advanced, including ensuring safe housing and healthcare for transgender prisoners, fast -tracking legal gender-recognition cases, updating school curricula to strengthen e ducation on gender, sexuality and non -discrimination, taking steps to tackle bullying in schools and improving data collection on hate crimes based on sexual orientation and gender identity. Some local authorities support equality marches and have developed innovative programmes to remove offensive graffiti through a restorative justice programme.

13. While in Government, PiS passed media laws allowing it to replace public media leadership and create the National Media Council, which it staffed with political appointees.

This undermined media independence and fuelled State -sponsored anti-LGBT rhetoric. In December 2023, the Ministry of Justice publicly apologized to LGBT people for past mistreatment by State actors and media. Interviewees described this as a turning point, marking a decline in inflammatory discourse, improved civil society access to officials and the prospect of legislative reform. Recent surveys also show a notable shift in public attitudes on social issues, including LGBT rights.

mistreatment by State actors and media. Interviewees described this as a turning point, marking a decline in inflammatory discourse, improved civil society access to officials and the prospect of legislative reform. Recent surveys also show a notable shift in public attitudes on social issues, including LGBT rights.

14. Despite a shift away from hostile rhetoric by State authorities, Poland still lags in legal protections for LGBT people. It ranks last in the European Union and 41st out of 45 in Europe, according to the annual report on human rights of the annual report of the European Region of the International Lesbian and Gay Association.3 Public officials at the national and

3 See https://rainbowmap.ilga-europe.org/countries/poland/.A/HRC/59/43/Add.2 4 GE.25-05754 local levels cited these rankings in meetings with the Independent Expert, highlighting the issue’s prominence within government and local communities.

15. Although accurate comparative data beyond Europe are difficult to obtain, Equaldex provides a comparative ranking based on crowdsourced data compiled into a knowledge base, considering both legal frameworks and public attitudes. Poland ranked 50 out of 100 (average of the two scores, 45 and 55 respectively); and 68 out of all countries surveyed .4

16. A 2023 survey by the Agency for Fundamental Rights of the European Union indicated ongoing experiences of discrimination based on sexual orientation and gender identity in various spheres in Poland.5

17. As interlocutor s noted, resistance often emerges in response to opposition, and the LGBT movement in Poland grew in resilience and prominence during the period marked by sustained hostility from both State and non -State actors, including public media. During the visit, civil society representatives frequently cited the rise of “LGBT ideology-free zones” and a statement made by the President during the 2020 presidential campaign, which framed LGBT persons as “an ideology,” as defining moments of that era.

18. During this time, nearly 100 local councils adopted resolutions declaring their jurisdictions “LGBT ideology-free zones” . While lacking legal effect, these declarations

and a statement made by the President during the 2020 presidential campaign, which framed LGBT persons as “an ideology,” as defining moments of that era.

18. During this time, nearly 100 local councils adopted resolutions declaring their jurisdictions “LGBT ideology-free zones” . While lacking legal effect, these declarations carried a powerful symbolic weight, signalling to LGBT persons that they were unwelcome in their own communities. One individual in Kraków described the resolutions as “a formal call to informal discrimination”. Some local authorities adopted “family rights charters” with exclusionary provisions, including limiting access to municipal fu nding for LGBT organizations or initiatives focused on the protection of LGBT human rights.

19. In response, the national human rights institution, the Commissioner for Human Rights, alongside grass -roots activists and international pressure – including the threat of European Union funding cuts – challenged the “LGBT ideology” resolutions, leading to their eventual repeal. The Commissioner has also requested local authorities in Odrzywół, Dębica, and Łańcut to eliminate discriminatory provisions from the “family rights charters”. In March 2025, the District Governor of Łańcut shared an updated wording of the charter, which is currently under review by the Commissioner. However, the legacy of this period endures, with lasting symbolic and practical consequences, including ongoing mental health impacts on those who experienced the effects of such institutionalized marginalization.

20. In Poland, where until 1989 a socialist system based on communist ideology was in place, the term “ideology” carries particularly negative connotations, a sentiment reinforced in public discourse by senior officials who equated “LGBT ideology” with communism and Nazism. This framing served to further marginalize LGBT persons and delegitimize their claims to equal rights. Despite this hostile environment at the national and regional levels, some cities emerged as strongholds of resistance, providing a co unterbalance to State-sponsored hostility and offering spaces of protection and support for LGBT communities.

21. During this period, several peaceful demonstrations encountered significant obstacles and inconsistent police protection.6 Organizers of LGBT equality marches faced additional

some cities emerged as strongholds of resistance, providing a co unterbalance to State-sponsored hostility and offering spaces of protection and support for LGBT communities.

21. During this period, several peaceful demonstrations encountered significant obstacles and inconsistent police protection.6 Organizers of LGBT equality marches faced additional challenges, including requirements that lacked a clear legal basis . For example, in Częstochowa, municipal authorities deemed a standard event notification insufficient and instead required organizers to submit a n application for special road usage – a requirement not ordinarily imposed on other demonstrations. Furthermore, in 2018 and 2019, arbitrary and discriminatory preventive bans were imposed on equality marches in several cities , including Gniezno (2019), Gorzów Wielkopolski (2019), Kielce (2019), Lublin (2018 and 2019), Nowy Sącz (2019) and Rzeszów (2019).7

22. In 2019, three activists were charged with offending religious beliefs for distributing posters and stickers depicting the Virgin Mary with a rainbow halo. They were acquitted by

4 See https://www.equaldex.com/region/poland. 5 See https://fra.europa.eu/sites/default/files/fra_uploads/lgbtiq_survey-2024-country_sheet-poland.pdf. 6 See https://www.amnesty.org.pl/wp-content/uploads/2020/11/Zgromadzenia-ENG.pdf. 7 Submission from Amnesty International Poland.A/HRC/59/43/Add.2 GE.25-05754 5 the Płock Regional Court in January 2022, but the prosecutor appealed. On 28 March 2024, the Supreme Court dismissed the appeal, ruling that the activists had not offended religious beliefs.

23. LGBT human rights defenders have consistently faced legal actions. In January 2022, during a trial involving an activist who had been arbitrarily detained for 24 hours after the so-called Rainbow Night protest in 2020, the arresting officer admitted that officers had been instructed to stop all persons displaying the colours of LGBT, regardless of how they behaved.8

during a trial involving an activist who had been arbitrarily detained for 24 hours after the so-called Rainbow Night protest in 2020, the arresting officer admitted that officers had been instructed to stop all persons displaying the colours of LGBT, regardless of how they behaved.8

24. It was encouraging that interviewees spoke of this period in the past tense . However, the lasting effects of years of hostile rhetoric and discriminatory practices remain evident, underscoring the urgent need for robust legal protections against discrimination and violence to prevent their recurrence.

25. This moment presents a critical opportunity shaped by political and geopolitical realities. Poland faces significant security concerns following the full -scale invasion of Ukraine by the Russian Federation and is hosting large numbers of refugees from Bela rus and Ukraine, including many LGBT persons. Meanwhile, the ruling coalition – comprising the Civic Coalition (Koalicja Obywatelska), the Third Way (Trzecia Droga) and the Left

(Nowa Lewica) – encompasses a range of perspectives on social issues, incl uding issues related to sexual orientation and gender identity . Presidential elections are due to be held in May 2025. Against this backdrop, the Government has the responsibility to ensure that Poland upholds its human rights obligations.

26. In the fourth cycle of the universal periodic review, Poland received some 21 recommendations from States suggesting that it consider enhancing protections against discrimination and violence based on sexual orientation and gender identity, of which it rejected 12 and “noted” 7, without commitment, while accepting only 2. This is not surprising as, in that same year, the Independent Expert and the Special Rapporteur on the situation of human rights defenders reported that LGBT human rights defenders in Poland faced regular physical attacks, arbitrary arrests, detentions and intense smear campaigns. “We deserve to be listened to” , said Polish human rights defender Bart Staszewski at that time.

Mr. Staszewski had faced multiple court cases and official smear campaigns for leading an art project that highlighted the creation of “LGBT ideology -free zones” in Poland.9 A case

be listened to” , said Polish human rights defender Bart Staszewski at that time. Mr. Staszewski had faced multiple court cases and official smear campaigns for leading an art project that highlighted the creation of “LGBT ideology -free zones” in Poland.9 A case against him in Zakrzówek was dismissed by the Lublin Court of Appeal in December 2024; another case, in Tuszów Narodowy, is ongoing and is scheduled to be heard by the Court of Appeal in Rzeszów in 2025. 10 Activists behind the interactive map “Atlas of Hatred ” have been targeted with strategic lawsuits against public participation by the Government.11

27. While noting the information provided by the State party regarding the constitutional guarantee of non -discrimination on any ground, the Committee on Economic, Social and Cultural Rights, in its concluding observations on the seventh periodic report of Poland, in 2024, noted that it remained concerned about “the absence of comprehensive anti-discrimination legislation, the fact that legislation on hate crimes and incitement to hatred does not specifically mention sexual orientation and/or gender identity and the lack of legal recognition of same-sex couples”.12

28. As a measure of progress, it is apt to refer to observations from a 2018 visit undertaken by the Special Rapporteur in the field of cultural rights: “ The Special Rapporteur remain s concerned about the lack of specific legal protection for lesbian, gay, bisexual and transgender persons under Polish law, a gap that must be filled promptly. There are no specific policies and standards ensuring equal treatment and safety of lesbian, gay, bisexual and transgender persons in schools …. Many schools ha ve denied the existence of lesbian, gay, bisexual and transgender students, who report experiencing homophobic behaviour not only from other students but also from teachers and educators, and in particular in the context

8 Ibid. 9 See https://www.ohchr.org/en/statements/2022/03/defenders-human-rights-lgbt-persons-constantlyrisk-warn-un-experts.

only from other students but also from teachers and educators, and in particular in the context

8 Ibid. 9 See https://www.ohchr.org/en/statements/2022/03/defenders-human-rights-lgbt-persons-constantlyrisk-warn-un-experts. 10 Case No. X1.564.18.2020.AS. 11 See https://srdefenders.org/poland-atlas-of-hate-battling-multiple-legal-cases-joint-communication/. 12 E/C.12/POL/CO/7, para. 22.A/HRC/59/43/Add.2 6 GE.25-05754 of religion classes. … There are also no laws specifically prohibiting homophobic hate speech or hate crimes. Acts of hate and hate speech against lesbian, gay, bisexual and transgender persons and their cultural events continue. Sometimes the hate speech emanate s from those in official positions, which is especially worrying.” The Special Rapporteur recommended that Poland review the legal framework so as to enable same -sex couples to enter into civil unions and enjoy equality.13

29. Notably, steps have been taken towards improving the legal and policy frameworks pertaining to civil unions and explicit protection against hate crimes and hate speech, as well as improved sexuality education in schools. Some interim remedial actions h ave been taken to mitigate the most egregious aspects of the current legal gender -recognition process. To date, only the Labour Code contains an explicit provision against discrimination based on sexual orientation.

II. Legal, institutional and public policy framework

A. Legal framework

30. Since regaining independence in 1918, Poland has not criminalized consensual same-sex conduct. However, during the German occupation in the Second World War, German law – which did criminalize such conduct – was enforced. Between 1985 and 1987, the communist Government initiated “Operation Hiacynt” through the Security Service of the Ministry of Internal Affairs. Under this surveillance programme, a database was compiled of approximately 11,000 persons known to be or suspected of being homosexual, leaving

the communist Government initiated “Operation Hiacynt” through the Security Service of the Ministry of Internal Affairs. Under this surveillance programme, a database was compiled of approximately 11,000 persons known to be or suspected of being homosexual, leaving them vulnerable to blackmail and other forms of targeting.

31. The Labour Code (arts. 11-3 and 18-3 (a), as amended in 2003) prohibits both direct and indirect discrimination based on sexual orientation in employment. Moreover, article 94 (2) (b) mandates that employers actively prevent such discrimination. The Act on Equal Treatment (2010) reinforces these protections by extending the prohibition to discrimination in accessing labour market services. In 2023, the Court of Justice of the European Union confirmed that freelance workers were also covered under European Union law against employment discrimination based on sexual orientation.14

32. Polish law does not impose enhanced penalties for crimes motivated by discrimination on the basis of sexual orientation or gender identity, nor does it explicitly classify such offences as hate crimes. Currently, t he Penal Code mandates imprisonment from three months to five years for violence or threats based on a person ’s national, ethnic, racial, political or religious affiliation (or irreligiousness) and up to three years for public insults or violations of bodily integrity on those grounds. In November 2024, the Council of Ministers adopted a draft bill amending the Penal Code to extend legal protections against hate crimes to include the grounds of disability, age, sex and sexual orientation.

33. As of April 2025 , Poland does not legally recognize same -sex marriages or civil unions. Article 18 of the Constitution defines marriage as a union between a man and a woman, effectively barring same-sex marriages. In the cases of Przybyszewska and Others v.

Poland15 and Szypuła v. Poland , examined jointly with Urbanik & Alonso Rodriguez v. Poland,16 the European Court of Human Rights ruled that Poland had violated article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms ( European Convention on Human Rights ), which guarantees the right to private and family life. In

Poland,16 the European Court of Human Rights ruled that Poland had violated article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms ( European Convention on Human Rights ), which guarantees the right to private and family life. In Formela and Others v. Poland ,17 the Court reaffirmed the obligation of Poland to legalize same-sex unions through legislative reform. It found that by refusing to register same -sex marriages conducted abroad or to provide a legal framework for recognition and protection, Polish authorities left same-sex couples in legal limbo and failed to meet their core needs. In

13 A/HRC/43/50/Add.1, paras. 69, 70 and 93 (f). 14 J.K. v. TP S.A., Case No. C-356/21, Judgment, 12 January 2023. 15 Application No. 11454/17, Judgment, 12 December 2023. 16 Applications No. 78030/14 and No. 23669/16, Judgment, 27 February 2025. 17 Application No. 58828/12, Judgment, 19 September 2024.A/HRC/59/43/Add.2 GE.25-05754 7 October 2024, the Government proposed a draft law to legalize civil partnerships for same-sex couples, granting rights such as inheritance and access to medical information. The bill still needs to be approved by the parliament and signed by the President.

34. A law regulating legal gender recognition was passed shortly before parliamentary elections in 2015 but was vetoed by the President. Currently, l egal gender recognition requires initiating an “assessment suit”, a legal process involving several proceedings with applicants and their families. During the process, applicants must file a lawsuit against their parents and, if applicable, their spouse s and children. Th e procedure originates from a Supreme Court decision o f 22 March 1991, in which the court defined gender identity as a personal good under article 23 of the Code of Civil Procedure and permitted lawsuits under article 189. A subsequent ruling in September 1995 designated the applicant ’s parents or

Supreme Court decision o f 22 March 1991, in which the court defined gender identity as a personal good under article 23 of the Code of Civil Procedure and permitted lawsuits under article 189. A subsequent ruling in September 1995 designated the applicant ’s parents or guardians as the proper defendants, and further Supreme Court decisions in 2013 and 2019 confirmed the process. In a ddition, applicants may need to complete a “real-life test ”, publicly living as their identified gender for about two years, usually without medical intervention, before their gender can be legally amended. In March 2025, the Supreme Court of Poland issued a decision that may simplify the legal gender recognition process for transgender individuals. The ruling removed the requirem ent to involve parents in such proceedings, allowing individuals to directly petition the court to amend their gender designation on birth certificates in non-contentious proceedings.

B. Institutional framework

35. The Commissioner for Human Rights is responsible for safeguarding civil rights and liberties. Its mandate includes overseeing the implementation of equal treatment principles, fighting discrimination against women and LGBT persons and promoting measures to combat violence and discrimination. The Commissioner conducts research, surveys and awareness-raising activities and provides recommendations to policymakers. Its independent oversight of government actions and participation in international human rig hts processes adds significant value.

36. The Commissioner handles complaints from individuals, may initiate legal actions to address breaches and provides opinions to guide legislative and legal interpretations of civil rights. Appointed by parliament for a five-year term, the Commissioner’s work encompasses various areas, including employment, education, housing, social protection, healthcare and addressing hate crimes. It also monitors hate speech, violence against women and other related issues. The Commissioner is a multi-mandate body that serves as the national human rights institution, the office of the ombudsperson and the national preventive mechanism under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment.

C. Public policy framework

37. The only nationwide, government -supported anti-discrimination policy in Poland is

rights institution, the office of the ombudsperson and the national preventive mechanism under the Optiona