A/HRC/43/50/Add.1
threshold of 25 enrolled students, an exception could have been considered allowing it to
proceed with 21 students, rather than being cancelled.
61.
Multiple sources indicated that expressions of hostility towards Muslims and
migrants has proliferated in media discourse in recent years, reaching a particular high in
2015. During 2017 and 2018 alone, civil society organizations recorded more than 35
incidents of anti-Muslim hate speech and violence,15 leading to an environment in which
some Muslims are nervous about displaying their identity publicly.
3.
Cultural rights of women
62.
In Poland, women’s rights are at the heart of the quest for a culture of equality in
accordance with international law. Women are very active in the cultural and educational
sectors, including as directors of national cultural institutions. Polish women’s employment
rate is higher than the average across the European Union. The Special Rapporteur greatly
appreciated the women’s history tour of the Gdańsk shipyards, which discussed the role of
women in movements for human rights during the communist regime. The role of women
human rights defenders has been a critical component of this history, which needs to be
more fully reflected, and their work needs to be strongly supported today as well, since they
are key actors in the process of ensuring cultural rights.
63.
The Special Rapporteur is concerned, however, about what are said to be religious
and cultural narratives used to justify discrimination against women, such as a focus on
women as primarily self-sacrificing mothers. In higher education, for example, she has
heard the concern of some women academics that different retirement ages for women and
men may harm the career prospects of women. Some within the Catholic Church hierarchy
are propounding the view that advocating for gender equality, as required by international
human rights standards, threatens Polish religious and cultural values and national identity.
64.
Fundamentalist and anti-choice discourse during the debate related to changes in the
abortion law reaffirmed stereotypical cultural attitudes towards women. It is essential for
women’s enjoyment of cultural rights without discrimination that these views and
stereotypes be publicly challenged. The Special Rapporteur was pleased to hear of women’s
public activism, including in the “black protests”, and by both religious women, including
Catholics for Choice, and non-religious women, in this context. It is a matter of concern
that women teachers in Katowice who posted pictures on their personal Facebook accounts
wearing black shirts to express support for these demonstrations have faced disciplinary
proceedings and pressure.
65.
As United Nations experts have made clear in the past, sexual and reproductive
rights are critical human rights and health-care issues, and essential for enabling women to
access their economic, social and cultural rights on a basis of equality. The Special
Rapporteur welcomes the Government’s decision in 2016 to respect women’s opposition
and general public opinion and shelve the attempt to change the abortion law, as she
believes that this remains essential for guaranteeing women’s equal participation in cultural
life.16 Similarly, comprehensive sexuality education, together with human rights education,
is indispensable for addressing the problem of gender-based violence. It is unacceptable
that sexuality education be criminalized or equated with paedophilia.
66.
The Special Rapporteur stresses the importance for the Government to ensure a
comprehensive approach to combating gender-based violence against women in line with
its regional and international law obligations17 and to support efforts to build a culture of
equality, free from violence against women.
4.
Cultural rights of lesbian, gay, bisexual and transgender persons
67.
There is growing acceptance in Polish society of lesbian, gay, bisexual and
transgender persons, for whom it is increasingly possible to hold open cultural expressions
of their identity, including through growing numbers of pride and equality marches, which
15
16
17
12
See www.nigdywiecej.org/en/our-news/177-articles-from-2019/4112-a-new-report-on-violenceagainst-muslims.
A/HRC/41/33/Add.2.
Ibid., para. 87 (a).