Office of the Commissioner for Human Rights of the Republic of Poland

Overview

Commissioner for Human Rights is the constitutional authority for protection of liberties and human and citizen’s rights as set forth in the Constitution and other normative acts, including the guard of implementation of the principle of equal treatment. In his activities, the Commissioner is integral and independent from other state authorities.

Brief history

Commissioner for Human Rights is the constitutional authority for legal control and protection. In his activities, the Commissioner is integral and independent from other state authorities.

The Commissioner acts pursuant to the Constitution of the Republic of Poland and the Commissioner for Human Rights Act of 15 July 1987. The Commissioner is appointed by the Sejm and approved by the Senate for a 5 -year term of office.

The Commissioner for Human Rights safeguards human and civic freedoms and rights specified in the Constitution and other legal acts. In order to fulfill this task the Commissioner investigates whether actions undertaken or abandoned by the entities, organizations or institutions obliged to observe and implement human and citizen rights and freedoms have not led to infringement of the law or the principles of social coexistence and justice, and undertakes appropriate measures.

Under the Act on equal treatment (2010), the Commissioner for Human Rights performs the tasks of the competent authority in matters of preventing violations of the principle of equal treatment. The basic tasks of the Commissioner include examining motions addressed to him, including complaints about the infringement of the principle of equal treatment and undertaking appropriate activities, in accordance with the Act on the Commissioner for Human Rights.

Commissioner for Human Rights is assisted by the Office of the Commissioner for Human Rights.

The Office includes 17 statutory organisational units, within which departments and sections operate.

Having in mind the importance and interdisciplinarity of tasks concerning the implementation of the principle of equal treatment, as well as the protection of the rights of persons with disabilities, the Commissioner – acting in accordance with the Act on the Commissioner for Human Rights – appointed the Deputy Human Rights Commissioner for Equal Treatment. Department of Equal Treatment was formed within the organisational structure of the Office, which includes the Anti-discrimination Law Unit, as well as the Rights of Migrants and National Minorities Unit. The Department’s objective is to ensure the proper implementation of the tasks of the Commissioner as an independent body for equal treatment and an independent body for the promotion, protection and monitoring of the implementation of the Convention on the Rights of Persons with Disabilities.

Within the Office, the Local Representatives in Gdańsk, Katowice and Wrocław, appointed by the Commissioner, are functioning.

The Office employees act under the authority of the Commissioner for Human Rights and on his behalf.

Within the Office, there are also Expert Committees and Social Councils.

Governing laws and regulations

Mandate

Sectors covered

Public

Legal standing before the courts

Bringing proceedings in the name of the equality body [with or without an identifiable victim], Intervention in support of a party, Amicus curiae brief or similar

Functions

• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other grounds

Nationality

Other functions

Addressing hate crimes, Addressing hate speech, Addressing violence against women

Other mandates of the institution

Multi-mandate equality body

National human rights institution, Office of Ombudsman, NPM under National Preventive Mechanism under the Optional Protocol to the Convention against Torture

Institution

Management and Appointments

Management

Single headed equality body (led by director or ombudsman/commissioner)

The Office of the Commissioner for Human Rights is an auxiliary unit of the Commissioner for Human Rights. It ensures the execution of the Commissioner’s tasks laid down in the Act of 15 July 1987 on the Commissioner for Human Rights.

The tasks and organisation of the Office are defined in the Statute of the Office of the Commissioner for Human Rights, which was granted by the Ordinance No 41/2017 of the Commissioner for Human Rights of 8 August 2017 with amendments.

The general management of the Office is performed by the Commissioner who manages the Office with the help of three Deputy Commissioners for Human Rights.

The functioning of the Office in organisational and financial terms is provided by the General Director. He represents the Office in civil law, property, budget, administrative cases and cases under employment relationship.

In matters requiring comprehensive collaboration of the Office organisational units and third-party entities, the Commisioner appointed three Main Coordinators.

Procedure for nomination and appointment of management and board

The Commissioner is appointed by the Sejm with prior approval of the Senate on the application of the Marshal of the Sejm or a group of 35 deputies.

The Commissioner may appoint up to three Commissioner’s deputies.

Regional or Local offices

3

Accountability

National Parliament