Article 32 states:

1. All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities.

2. No one shall be discriminated against in political, social or economic life for any reason whatsoever.

Article 33 states:

1.  Men and women shall have equal rights in family, political, social and economic life in the Republic of Poland.

2. Men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold offices, and to receive public honours and decorations.

Article 47 guarantees all persons the right to legal protection of his private and family life, of his honour and good reputation and to make decisions about his personal life.

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 94(2)(b) requires employers to counter discrimination in employment.

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.

• Article 156 imposes a prison sentence of one to ten years for the infliction of serious bodily harm;
• Article 157 imposes a prison sentence of three months to five years for lesser harm;
• Article 190 imposes a maximum prison sentence of two years for threats to commit an offense against another. Prosecution proceedings begin upon initiation by the injured party.
• Article 207 punishes the mental or physical mistreatment of a person close to or dependent on the perpetrator by three months to five years' imprisonment. If the perpetrator uses particular cruelty, the prison sentence increases to a term of one to ten years.

In November 2005, the new Act on Counteraction of Domestic Violence was enacted (available here in Polish). According to the new law, it is possible to impose pre-trial police supervision of perpetrators of domestic violence, but only when the perpetrators leave the place where they stayed with the victim. The bill states that in the case of a perpetrator’s suspended sentence, it is for the court to decide about the form of future contact between the perpetrator and the victim. In certain defined circumstances, the court may require that the perpetrator stays away from his or her victim. The court may also require the perpetrator undergo a therapy or educational program.

For Commentary on the Law, click here.

Article 197 of the Penal Code states that the minimum punishment for rape is three years’ imprisonment and five years for gang rape or rape of a particularly cruel nature. The maximum punishment in both cases is 12 years.

This definition is very wide, as it does not specify the gender of the rapist or the victim and covers homosexual rape, marital rape and the rape of prostitutes.

According to the new law, gang rape is charged when two or more people commit the crime. The Penal Code does not explain the term "particular cruelty;" however, based on the court's guidelines, this term indicates any behavior of the perpetrator not essential to overcome the victim's resistance. It is behavior intended to humiliate the victim, to inflict a feeling of physical or moral pain and suffering, or to cause serious injuries to sexual organs or disfigurement to the victim.

In cases of rape, it is incumbent on the victim to instigate proceedings, but she may not withdraw the charges once they are filed.

Sexual harassment can also be prosecuted under Article 199 of Penal Code, which states: Whosoever, using the relation of dependence or critical situation of another person, forces that person to have sexual intercourse or any other form of sexual activity or forces a person to perform such an activity, shall be punished by three years of imprisonment.

This crime is only investigated if the victim reports it.

The Polish Penal Code states that the purpose of trafficking in persons and the character of the person who is to be trafficked, cannot justify trafficking in persons, and that trafficking is punishable in all circumstances.