More information
Description
The system of defense of human rights in Poland comprises both constitutional bodies such as the Supreme Court, Constitutional Tribunal, common courts, and the public prosecution service, and advocacy institutions such as the Ombudsman and the Ombudsman for Children. Collaboration with CSO''s also plays a role in operation of the system. In the last five years, the ruling majority has approved more than 20 pieces of legislation that undermine the independence and effectiveness of institutions that are crucial to defense of human rights. There has also been a decline in the quality of legislative practice, with disregard for public consultations during the parliamentary stage and failure to assess the consequences of enacted legislation. Under the project conducted by the HFHR, the first comprehensive monitoring of defense of human rights in Poland and changes made since 2015 will take place. The monitoring will include producing reports on the work of the crucial institutions in that system (courts, public prosecution offices, advocacy institutions and CSOs) as well as legal opinions on changes to law that are important from the point of view of human rights. The project will include events that shape public opinion: public discussions following release of each report, six Helsinki Debates, and 20 film screenings in local communities throughout Poland. The films were featured in the Watch Docs IFF. Working with the Norway-based partner, Human Rights House Foundation, the HFHR will monitor activities of international institutions responsible for defending human rights and distribute the monitoring findings in the international arena. Eight reports, four assessments of the consequences of legislation, and 20 legal opinions in this field will be produced. The results, including the recommendations drawn up in reports and legal analyses, will be used in adjudication activities at national and international level.
Summary of project results
The project responds to the problem of the crisis of the rule of law and the human rights protection system in Poland. Over the past few years, the ruling majority has passed more than 20 pieces of legislation undermining the independence and effectiveness of institutions crucial to the protection of human rights. There has been a politicization of the judiciary and other institutions. We are also observing a regression in the practice of lawmaking. Fundamental changes in the system of human rights protection pose not only a threat to the constitutional order of the state, but, above all, involve weak protection of minorities and groups particularly vulnerable to discrimination, whose access to support services and the judiciary may be significantly reduced.
As part of the project, the Foundation conducted a comprehensive monitoring of the human rights protection system in Poland and the changes introduced since 2015. Eight reports were prepared on the functioning of the institutions and organization of the human rights protection system (including the Supreme Court, the Constitutional Tribunal, common courts, the prosecutor''s office and social organizations), four ex-post analyses of changes in legislation and assessments of their impact, and 21 legal opinions on changes in the law (including amendments to the Law on Border Protection in connection with the humanitarian crisis on the border with Belarus, reductions in pension benefits of former functionaries of the People''s Republic of Poland, and a speculative law adopted after the outbreak of war in Ukraine). The publications were accompanied by expert debates, as well as nearly 50 open meetings across Poland. Together with the Norwegian Partner, the Foundation conducted advocacy activities on the situation in Poland, providing information on changes in the judiciary in Poland, disciplinary proceedings against judges, the situation of civil society, freedom of speech and freedom of assembly.
Thanks to the project, civil society''s efforts to document the scale and consequences of the crisis of the rule of law and the human rights protection system in Poland have been strengthened. The awareness of the public, international institutions, civil society organizations, as well as officials and civil servants about the possible nipples and risks of the changes introduced has been raised.
Summary of bilateral results
Helsinki Foundation for Human Rights (HFHR) cooperated with the Norwegian organisation Human Rights House Foundation (HRHF) and its regional offices in Brussels and Geneva.The cooperation of these organisations was particularly important for the development of the advocacy work undertaken within the project. The support of HRHF partners allowed HFHR to reach out to numerous stakeholders in EU institutions (including the European Parliament and the European Commission) and the UN. This was particularly important for the work related to the Universal Periodic Review (UPR) of Poland in August 2022. Through cooperation with HRHF Geneva office, HFHR hold numerous bilateral meetings with representatives of delegations to the UN Human Rights Council. Through this cooperation, a number of countries have made recommendations to Poland that have been brought to the attention of the organisations.The HFHR and HFHR are continuing their cooperation. In November 2023, HRHF organised a congress of its member organisations in Warsaw. HFHR participated in the preparation of the congress programme and chaired sessions on, among other things, situation in Poland after election in October 2023.