Discrimination and the law
The most important legal acts concerning discrimination that are in force in Poland are:
- The European Convention for the Protection of Human Rights and Fundamental Freedoms (ratified by Poland in 1993); in particular Article 14 which prohibits discrimination in the enjoyment of the rights and freedoms set forth in Convention, including discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth..
- Constitution of the Republic of Poland, in particular Article 32, which states that everyone is equal before the law and have the right to equal treatment by public authorities, and that no one can be discriminated against in political, social or economic life for any reason whatsoever.
- The Labour Code, in the light of which it is prohibited to to discriminate in employment in any way, directly or indirectly, in particular in respect of gender, age, disability, race, religion, nationality, political views, trade union membership, ethnic origin, creed, sexual orientation or in respect of the conditions of employment for a definite or an indefinite period of time or full or part time (Article 11 [3]). Employees have equal rights in respect of the same performance of the same duties; this applies in particular to the equal treatment of men and women in employment (art. 11 [2]; art. 18 [3c]).
- The Penal Code states that anyone who publicly promotes a fascist or other totalitarian system of state, or incites hatred based on national, ethnic, race or religious differences or for not being religious, is liable to a fine, the restriction of liberty or imprisonment for up to two years (Art. 256, § 1). (Art. 256, § 1).