suspension of the rights of association and assembly and a ban on
demonstrations. Persons over the age of 18 could be arrested if the
authorities considered that they were liable to break the law.
139. In case of a declaration of a national state of emergency for reasons of
internal security, the police could take preventative action by questioning
persons over the age of 14 who were acting suspiciously or attempting to
demoralize the population. Persons over the age of 18 could be arrested,
tried and imprisoned if the provincial police commander considered that such
persons, remaining free, would jeopardize the security of the State or break
the law. Provincial police commanders could also restrict the movements of
certain persons, expel them, forbid them to change their place of residence,
or forbid the taking of photographs or video recordings. The representative
pointed out that, although detention decisions under a state of emergency were
not subject to appeal to ordinary courts, they could be appealed to the
Administrative High Court. As remedies were still insufficient, further
revision would be necessary of the National Emergency Act of 5 December 1983,
as amended in 1989.
Hon-discrimination and equality of the sexes
140. In connection with that issue, members of the Committee wished to have
information on any legal provisions governing non-discrimination and equality
of the sexes. Additionally, members of the Committee wished to know what
measures had been taken to eliminate discrimination on the grounds of sex,
particularly with regard to access by women to some professions and posts and
also with regard to salaries and wages; whether any distinction was made
between the father and mother regarding the transmission of nationality to
children; how the rights of former Communist Party officials were'restricted,
if at all; and the scope of the exceptions guaranteeing freedom of conscience
and religion to aliens and stateless persons.
141. In reply, the representative of the State party said that, although
Polish legislation prohibited any type of discrimination, including
discrimination based on sex, in practice everything was not perfect.
Consequently, statistics for 1990 showed that the percentage of women holding
high-level appointments in the Government, for example, was substantially
lower than that of men. The figures also showed that, for equal work, the
average wage received by women was less than that of men. The Polish
authorities were aware that the situation needed to be improved, but current
economic conditions offered little scope for manoeuvre. However, the
Government had established a special post to study problems concerning women
and the family with a view to formulating new policy proposals in this area.
Concerning the transmission of nationality to children, no distinction between
the father and mother was made in the Polish legal system.
142. In regard to non-discrimination in the guarantee of freedom of conscience
and religion, the representative of the State party explained that, under the
Act of 17 May 1989, foreigners and stateless persons had equal rights with
Poles with two exceptions. First, it was necessary for church authorities to
inform the Minister of Trusteeship of an impending appointment of a foreigner
to an executive post. The Minister might express a reservation on the
appointment to be taken into account by the church authorities. The second
exception concerned the requirement that a religious association wishing to
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