A/HRC/43/50/Add.1
are important exercises of internationally guaranteed cultural rights and the right to freedom
of assembly. All of this is very positive. The Special Rapporteur welcomes legal
recognition of the need for protection from discrimination through, for example, case No. II
KK333/17 concerning a printing company refusing to prepare materials for an organization
advocating for the rights of lesbian, gay, bisexual and transgender persons.
68.
The Special Rapporteur recognizes the use by some lesbian, gay, bisexual and
transgender persons of a flag that combines the rainbow flag and the Polish eagle symbol as
an exercise of cultural rights to express identity and inclusion. Hence, she regrets that this
practice has sometimes been harshly criticized and that people carrying such a flag have
reportedly faced questioning by law enforcement officers.
69.
The Special Rapporteur remains concerned about the lack of specific legal
protection for lesbian, gay, bisexual and transgender persons under Polish law, a gap that
must be filled promptly. There are no specific policies and standards ensuring equal
treatment and safety of lesbian, gay, bisexual and transgender persons in schools, both
teachers and students. Many schools have denied the existence of lesbian, gay, bisexual and
transgender students, who report experiencing homophobic behaviour not only from other
students but also from teachers and educators, and in particular in the context of religion
classes. This is unacceptable.
70.
There are also no laws specifically prohibiting homophobic hate speech or hate
crimes. Acts of hate and hate speech against lesbian, gay, bisexual and transgender persons
and their cultural events continue. Sometimes the hate speech emanates from those in
official positions, which is especially worrying. The Special Rapporteur was concerned that
a high-level government official with responsibility in the equality area told her that his
daughter would be “disturbed” if she were to see an equality march in the streets and
suggested that its participants might be naked.
71.
The Special Rapporteur was glad to learn that Lublin could hold its first equality
march shortly after her visit, despite efforts from campaigners against the rights of lesbian,
gay, bisexual and transgender persons to have the parade banned and to obstruct it. She
commends the decision of the Court of Appeal to overrule the ban on the basis of freedom
of assembly laws, and the measures taken by the city and the police forces to ensure the
safety of those taking part in the march. Moreover, she is glad to see that a second march
took place in 2019. However, she condemns the violence and aggressive behaviours of the
group opposing the march and the fact that a regional and a local official have both used
derogatory language to describe it and called for it to be banned.
5.
Rights of persons with disabilities
72.
The Special Rapporteur was pleased to see that creative measures were being taken
to ensure accessibility of cultural sites for persons with disabilities, such as models of
cultural heritage buildings that could be touched and that had been annotated in Braille for
visually impaired persons in the cultural heritage site of the old city of Kraków.
73.
A movement for the rights of persons with disabilities, led by them, is emerging in
Poland as evidenced by the protest of persons with disabilities and their families held in the
Parliament in April and May 2018 asking for more State support to alleviate poverty among
persons with disabilities. This is a very positive development and one that would merit
more attention from the relevant authorities. The Special Rapporteur stresses the
importance of persons with disabilities being fully recognized as equal participants in
cultural, social and political life, and not as mere beneficiaries. In the framework of
programmes such as “Accessible culture” and “Accessibility plus”, particular attention,
including adequate funding, should be given to the rights of persons with disabilities to
fully participate in cultural life and cultural spaces and to meaningfully contribute to
shaping the cultural sphere.
74.
At the time of the Special Rapporteur’s visit, a strategy for inclusion of persons with
disabilities was being drafted. The Special Rapporteur encourages the Government to
ensure wide participation of organizations of persons with disabilities in the decisionmaking, implementation and evaluation processes related to the strategy, and to consider
inviting the Special Rapporteur on the rights of persons with disabilities for a country visit
in that regard.
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