86
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
unnatural inclination and that the person
affected should be shown particular care
and assistance in fighting this shameful
deviation.” It also linked homosexuality to
“a fear of responsibility, an incorrect
hierarchy of values, a lack of a proper idea
of love and a hedonistic attitude, as well as
prostitution.” The Commissioner found “the
portrayal and depiction of homosexuality...
offensive, out of tune with principles on
equality, diversity and respect for the
human rights of all. While the Polish
authorities are of course free to decide on
which materials they use for human rights
education, the human rights principles,
including the principle of non-discrimination,
contained within such materials are not
optional.” The Commissioner also expressed
his concerns about the proposed measures
to penalize the alleged promotion of
homosexuality
in
schools.
The
Commissioner deplored any instances of
hate speech towards homosexuals and
called on the Polish authorities not to
tolerate them.
In
March,
the
non-governmental
organization Campaign Against Homophobia
(Kampania Przeciw Homofobii, KPH) issued
a report entitled Situation of bisexual and
homosexual persons in Poland, 2005 and
2006 report. KPH reported that 17.6 per
cent of the respondents had experienced
physical violence on the grounds of their
known or suspected their sexual orientation.
This included having been pushed, hit or
kicked.
Fifty-one
per
cent
of
the
respondents also alleged psychological
violence, which was manifested by insults
and the whole spectrum of vulgarisms
referring
to
the
intimate
life
and
relationships of LGBT people, “alienating
such people from a society leading to social
exclusion.” The report also reported cases
of discrimination at educational institutions
such as high schools and universities by
teachers and peers, at workplaces by
employers and colleagues, and by police
and staff of health services centres.
Amnesty International
Violation of freedom of assembly and
freedom of speech
On 3 May, the European Court of Human
Rights delivered its decision in the case of
Baczkowski and Others v. Poland in which
LGBT activists from Poland successfully
challenged a ban on LGBT Equality Parade
in Warsaw in June 2005 by the then Major
of Warsaw, Lech Kaczyński (see AI Index:
EUR 01/012/2005). The court unanimously
decided that such ban was illegal and
discriminatory because it breached three
articles of the European Convention on
Human Rights: Article 11 (freedom of
association and assembly), Article 13 (right
to an effective remedy) and Article 14
(prohibition of discrimination).
International scrutiny
On 2 February, the UN Committee on the
Elimination of All Forms of Discrimination
against Women (CEDAW) made public its
concluding comments on the Poland's
compliance
with
the
International
Convention on the Elimination of All Forms
Discrimination against Women. The CEDAW
expressed its concerns about the repeated
rejection by the Parliament (Sejm) of a
comprehensive law on gender equality. It
also expressed concerns about the abolition
of the Government Plenipotentiary for Equal
Status of Women and Men. It considered
that its new location in the Department for
Women,
Family
and
Counteracting
Discrimination at the Ministry of Labour and
Social Policy could result in issues related to
discrimination against women being given a
low
priority.
The
CEDAW
remained
concerned
about
the
persistence
of
prejudice
and
stereotypical
attitudes
regarding the division of roles and
responsibilities of women and men in the
family and in the society. According to the
CEDAW, “such stereotypes perpetuate
discrimination against women and are
reflected in many areas, such as in
women’s situation in the labour market,
their low level of participation in political
and public life and the persistence of
violence against women.”
AI Index: EUR 01/010/2007
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