Map source: Copyright European Commission. In 2004, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia acceeded to the European Union. The 2007 EU candidate countries are Bulgaria and Romania. Turkey and Croatia are also involved in accession negotiations.

Contributed by Artur Czerwinski, Poland National VAW Monitor 

last updated July 27, 2006

In Poland's 2002 Progress Report, the European Commission noted that the acquis comunautaire on equal treatment for women and men has largely been implemented by amendments to the Labour Code of August 2001, which entered into force in January 2002. The Commission noted that further amendments were needed to fully comply with E.U. Directives, particularly in regard to parental leave and discrimination in sectors other than employment. The Labour Code still required an institutional framework for implementation and enforcement. Also, measures were needed to raise awareness of equal treatment, improve the position of women in the employment sector and increase their representation in decision-making positions. In addition, a Government Plenipotentiary for Equal Status of Women and Men was established in October 2001, but the Commission noted that it had yet to establish an anti-discrimination body.

From 2001 to 2005 the office of Government Plenipotentiary efficiently worked towards counteracting discrimination by introducing legislative changes, encouraging public discourse on equal status, and successfully completing projects funded by the European Union.

However after parliamentary elections of September 2005, which were won by the right-wing parties, the new government issued an ordinance which ended the existence of the position of the Plenipotentiary of the Government for Equal Status of Men and Women. Formally, the competences of the Plenipotentiary of the Government for Equal Status of Men and Women have been transferred to the Ministry of Labor and Social Policy. As a consequence, the situation is less clear and tasks less well defined.

On July 25, 2005, Polish Parliament passed the Counteraction Violence in Close Relations Bill. On August 19, 2005 the bill was signed by President Aleksander Kwasniewski. On November 21, 2005 the bill was enacted.

On June 17, 2005, the Polish Parliament rejected the draft of Equal Opportunities for Women and Men Act. The draft was submitted to the Sejm (a higher chamber in the Polish Parliament) and the Senate in 2003. The Equal Opportunities for Women and Men Act was to specify constitutional statements on equal rights of women and men and to implement international obligations, including the Beijing Declaration and Platform for Action (1995), Amsterdam Treaty (1997) and Directive 2002/73/EC of the European Parliament and of the Council.  

The Constitution, the Labor Code and the draft law on equality contain provisions relevant to EU accession:

Article 32 of the Constitution guarantees the right to equality before the law and equal treatment by authorities. Article 33 provides for gender equality in various spheres of life, including familial, political, social and economic spheres.

A new Labor Code entered into force on 1 January 2002 and states, "Any form of discrimination, direct or indirect, in employment relations, particularly on the grounds of sex, age, disability, race, nationality, beliefs, particularly political views or religious beliefs, and trade union membership, shall be prohibited" (Article 11(3)). A new Chapter (IIA), "Equal Treatment of Women and Men," was also adopted. Indirect discrimination under Chapter IIA is based on European Community definitions and defined as "disproportions with regard to employment conditions disadvantaging all or a substantially higher number of employees of one sex, unless these disproportions can be justified by objective factors unrelated to sex" (Article 18(3)(a)(3)). Article 18(3)(c) establishes the right to equal remuneration for equal work, and Article 18(3)(b)(1) provides examples of employer conduct that violate the principle of equal treatment of women and men, such as refusing to hire or continue employment, providing unequal pay or benefits, and excluding the employee from trainings. In addition, the Labor Code also shifts the burden to the employer to show that the differential treatment was based on criteria other than sex. Finally, Article 18(3)(d) provides the possibility for wronged employees to seek compensation for violation of the principle of equal treatment. The compensation may range from minimum salary to a maximum of six months' wages. Article 18(3)(e) protects the employee from termination in the event she files a complaint against her employer alleging violation of equal treatment. According to Eirofound, the Labour Code was amended again in October 2003. Articles 18(3)(a) (3) and (4) define and prohibit both direct and indirect discrimination (direct discrimination was not previously defined), and Article 94(2)(b) requires employers to counter discrimination in employment. Sexual harassment is now defined and prohibited, as well. Article 18(3)(a)(6) states that, "discrimination in reference to gender shall also comprise all unaccepted behavior of a sexual character or behavior referring to the gender of the employee whose objective or effect comprises transgression against the dignity, or insult or humiliation, of an employee; such behavior may comprise physical, verbal, or non-verbal elements (sexual harassment)." The President has signed the Act into law. While most of the provisions entered into force on 1 January 2004, the rest of the law entered into force on 1 May 2004.

However, in December 2005, Campaign Against Homophobia, in the “Shadow report prepared as a counterpart to the report of the government of the Republic of Poland as regards implementation of COUNCIL DIRECTIVE 2000/78/EC OF 27 NOVEMBER 2000 ESTABLISHING A GENERAL FRAMEWORK FOR EQUAL TREATMENT IN EMPLOYMENT AND OCCUPATION” stated that there are certain problems which may well result in discrimination in employment.

One of the largest problems in the implementation of the Directive - the Report states - is the lack of anti-discriminatory provision in the legal acts regarding self-employment. Only the general  principle of equal treatment in self–employment is provided; the law states that everyone has the right to undertake, conduct and terminate economic activity based on equal rights and pursuant to conditions determined by law. A public administration body cannot require or condition its decision related to undertaking, conducting or terminating economic activity by the person concerned, on compliance with any additional requirements, in particular those on submitting documents or disclosing data that are not foreseen by law – this is expressly included in art. 6 of the Ustawa z 2 lipca 2004 o swobodzie działalności gospodarczej (Act of 2 July 2004 on Freedom of Economic Activity). However, the same Act does not in any way regulate the issue of reversed burden of proof in cases concerning discrimination, nor does it include a ban of discrimination, be it direct or indirect.  Moreover, the law does not provide for any means of executing a person’s rights, should this person have been discriminated against while self-employed, even though such provisions do exist in the acts regulating the legal relationship between an employee and an employer.

The Polish legal system includes also a number of legal acts which regulate access to certain professions and establish profession-specific self-governing bodies. The laws pertain to professions such as attorneys, legal advisors and notaries public. These laws do not include provisions which would forbid discrimination based e.g. on sexual orientation when it comes to access to these professions. On the contrary, they do include provisions listing the requirements that must be satisfied by candidates in order to be eligible for these professions. One of the requirements is “flawless character”, which could be interpreted to the disadvantage of persons whose lifestyle may be perceived as “immoral” or “unnatural”.

For more information, please see

Monitoring the EU Accession Process: Equal Opportunities for Women and Men in Poland, Open Society Institute, 2002 (PDF, 65 pages)

Monitoring the EU Accession Process: Equal Opportunities for Women and Men in Poland

Open Society Institute, 2005 (PDF, 55 pages)