A/HRC/43/50/Add.1 discrimination, to access, participate in and contribute to cultural life in a continuously developing manner. This requires States to take the steps necessary for the protection and development of enabling conditions in which cultural freedoms can be exercised by all. 2. Constitutional and legislative framework 12. Cultural rights are protected by important provisions of Polish law. These include numerous articles of the Constitution, such as article 5, which requires the Government to “ensure the freedoms and rights of persons and citizens” and “safeguard the national heritage”; article 6 (1), which ensures the provision of “conditions for the people’s equal access to the products of culture which are the source of the Nation’s identity, continuity and development”; article 35 (1), which guarantees that Polish citizens belonging to national or ethnic minorities have the freedom to maintain and develop their own language, to maintain customs and traditions and to develop their own culture; and article 35 (2), which establishes that national and ethnic minorities have the right to establish educational and cultural institutions designed to protect religious identity, as well as to “participate in the resolution of matters connected with their cultural identity”. 13. In addition, article 53 guarantees freedom of religion and the right not to be compelled to participate or not participate in religious practices and article 73 ensures for everyone “the freedom of artistic creation and scientific research” and “the freedom to teach and to enjoy the products of culture”. Innovatively, article 6 (2) requires that assistance be extended to Poles living abroad so that they may “maintain their links with the national cultural heritage”, a positive approach that should be emulated in other countries. 3. Office of the Commissioner for Human Rights 14. The Office of the Commissioner for Human Rights was created in July 1987 and has been accredited with A status since 2016. Its mandate, tasks and organization are defined in the Statute of the Office of the Commissioner for Human Rights. 3 According to article 80 of the Constitution of Poland, everyone has the right to apply to the Commissioner for Human Rights (the Ombudsman), under the rules set out in the relevant Act of Parliament, for assistance in protecting freedoms or rights violated by public authorities. Filing an application with the Commissioner is free of charge and no particular form is required. The broad basis for action and the absence of formal requirements and fees contribute to the large number of applications submitted. The Office has, through its activities and independence, earned respect and is an important mechanism for assisting in securing remedies for violations of human rights, including cultural rights. 15. However, since 2015, the Commissioner for Human Rights and his Office have been facing increasing pressure from the Government, including in the form of attempts to strip his immunity and impose budget cuts. The Special Rapporteur is concerned that this may be because of the work done in fulfilment of the constitutional mandate, which has included raising issues considered sensitive, such as the rights of lesbian, gay, bisexual and transgender persons, the independence of the judiciary, respect for international treaties and the right to a fair trial. Such pressure is unacceptable and is not compatible with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) of the United Nations or with the principles on the protection and promotion of the ombudsman institution (the Venice Principles) adopted in March 2019 by the European Commission for Democracy through Law. The Special Rapporteur calls upon the Polish authorities to respect the independence of the Office of the Commissioner for Human Rights and to guarantee all the conditions necessary for that institution to effectively fulfil its mandate, including through the provision of more funding. The Special Rapporteur salutes the vital work of the Commissioner and his staff. 4. Legal and judicial reforms 16. Since its electoral victory in October 2015, the ruling Law and Justice party has engaged in widespread legal change and debate about possible change, including in the areas of the judiciary, the Constitution, women’s sexual and reproductive rights, education 3 4 See www.rpo.gov.pl/en/content/office.