Committee on Economic, Social and Cultural Rights

Concluding observations on the sixth periodic report of Poland *

1.The Committee on Economic, Social and Cultural Rights considered the sixth periodic report of Poland (E/C.12/POL/6) at its 55th and 56th meetings (E/C.12/2016/SR.55 and 56), held on 21 and 22 September 2016, and adopted the present concluding observations at its 78th meeting, held on 7 October 2016.

A.Introduction

2.The Committee welcomes the submission of the sixth periodic report of the State party and the submission of the written replies to the list of issues (E/C.12/POL/Q/6/Add.1). The Committee welcomes the constructive dialogue held with the State party’s high-level and multisectoral delegation.

B.Positive aspects

3.The Committee notes with appreciation the ratification by the State party of the Convention on the Rights of Persons with Disabilities, in 2012, and of the International Labour Organization Maritime Labour Convention, 2006, also in 2012.

4.The Committee also notes with appreciation the legislative, administrative and institutional measures adopted by the State party to promote the enjoyment of economic, social and cultural rights, including:

(a)The Act of 14 March 2014 to amend the Act on employment promotion and on labour market institutions and other Acts;

(b)The Act amending the Act on publicly funded health care (2016);

(c)The amended provisions of the Act of 27 July 2005 (Law on higher education);

(d)The national programme, to 2020, for combating poverty and social exclusion;

(e)The programme for the integration of the Roma community in Poland for the period 2014-2020.

C.Principal subjects of concern and recommendations

Applicability of the Covenant

5.While noting that the Constitution establishes the primacy of international agreements over national law and that the Covenant has been mentioned by State party judicial bodies, the Committee is concerned that the provisions of the Covenant are still considered as setting programmatic objectives, rather than as justiciable provisions that can be directly applied (art. 2).

6. The Committee recommends that the State party:

(a) Ensure that all provisions of the Covenant are given full effect in its domestic legal order and can be invoked before courts;

(b) Undertake to raise awareness about the duty to give effect to Covenant rights, in particular among the judiciary, parliamentarians, lawyers and law enforcement officials, as well as among rights holders.

7. The Committee draws the State party’s attention to the Committee’s general comments No. 3 (1990) on the nature of States parties’ obligations and No. 9 (1998) on the domestic application of the Covenant.

National human rights institution

8.The Committee is concerned that the resources allocated to the Office of the Commissioner for Human Rights in Poland are insufficient to permit it to fulfil its obligations effectively (art. 2).

9. The Committee recommends that the Office of the Commissioner for Human Rights be provided with the human and technical resources necessary to fulfil its mandate fully and effectively, especially with respect to economic, social and cultural rights. It also recommends that the independence of the Office be ensured.

Non-discrimination

10.The Committee expresses concern that the Act on equal treatment of 2010 does not ensure comprehensive protection against discrimination on all grounds prohibited under the Covenant (art. 2).

11. The Committee recommends that the State party revise the Act on equal treatment, so as to bring it into line with article 2 of the Covenant, by including all prohibited grounds for discrimination and taking also into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.

12.While taking note of the measures adopted by the State party to combat discrimination, the Committee is concerned about persistent societal discrimination against Roma and about the obstacles faced by disadvantaged and marginalized individuals and groups in accessing basic social services and social assistance benefits in the State party (art. 2).

13. The Committee recommends that the State party step up its efforts to promote the full enjoyment of Covenant rights, including to housing, health, social security and education, by Roma and other disadvantaged and marginalized individuals and groups.

Equality between men and women

14.The Committee is concerned about the