Legislation

The Constitution of the Republic of Poland

Article 32

  1. All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities.
  2. No one shall be discriminated against in political, social or economic life for any reason whatsoever.

Article 37

  1. Anyone, being under the authority of the Polish State, shall enjoy the freedoms and rights ensured by the Constitution.
  2. Exemptions from this principle with respect to foreigners shall be specified by statute.

Article 79

  1. In accordance with principles specified by statute, everyone whose constitutional freedoms or rights have been infringed, shall have the right to appeal to the Constitutional Tribunal for its judgment on the conformity to the Constitution of a statute or another normative act upon which basis a court or organ of public administration has made a final decision on his freedoms or rights or on his obligations specified in the Constitution.
  2. 2. The provisions of paragraph 1 above shall not relate to the rights specified in Article 56.

The Labour Code

Article 18 3a

§ 1. Women and men shall be accorded equal treatment as far as the entering into and terminating of an employment relation, terms of employment, promotion and access to training for the improvement of professional qualifications are concerned, in particular irrespective of sex, age, disability, race, religion, nationality, political opinions, membership in a trade union, ethnic origin, religious belief, sexual orientation as well as irrespective of employment for definite or indefinite period of time, part time or full time type of employment contract.

§ 2. Equal treatment for women and men shall mean that they should not be discriminated against in any way, directly, or indirectly, for any reasons described above.

§ 3. Direct discrimination occurs whenever the employee is treated less favourably than someone else would be treated in a comparable situation, on grounds specified in § 1.

§ 4. Indirect discrimination occurs whenever an apparently neutral provision, criterion or practice results in differences in terms of employment to the detriment of all or a substantial number of employees belonging to a group differentiated with regard to one or more reasons mentioned in § 1, and if they cannot be objectively justified by other reasons.

§ 5. Discrimination as defined in § 2 shall also comprise:

1) any behaviour the aim of which is incitement or encouragement of another person to violate the principle of equal treatment in employment;

2) any behaviour the aim or result of which is injury to dignity, or humiliation or abasement of an employee, is viewed as harassment.

§ 6. Discrimination based on sex shall also comprise all unaccepted behaviour of a sexual character or behaviour referring to the sex of the employee the aim or result of which is injury to dignity or humiliation or abasement, of an employee; such behavior may comprise physical, verbal, or non-verbal elements (sexual harassment).

Article 18 3d

A person who is the victim of a breach by the employer of the principle of equal treatment in employment shall be entitled to damages in an amount not lower than the minimum remuneration for work established under separate provisions.

Article 18 3e

The fact that the employee exercises the rights to which he or she is entitled in connection with a breach by the employer of the principle of equal treatment shall not constitute grounds for termination by the employer of an employment relation with or without notice.

The Civil Code

Article 23

Personal interests, in particular: health, freedom, dignity, freedom of conscience, surname or pseudonym, image, secrecy of correspondence, inviolability of home, scientific, artistic, inventor’s and rationalizing achievements shall be protected by civil law independent of protection envisaged in other provisions.

Article 24

§ 1.  (8) Anyone whose personal interests are threatened by the behaviour of another person may demand that activity cease, unless the activity is not legal.In case of the infringement the injured person may demand the consequences of such infringement be remedied, and, in particular an appropriate statement be made in the proper form by the person who violated another person’s interests. Pursuant to the provisions of the Code the injured person may also demand pecuniary redress or the payment of an appropriate amount of money for the designated social purpose.

§ 2. If as a result of the infringement of personal interests a property damage has been occured, the injured person may demand the consequences of such infringement be remedied in accordance with the general regulations.

§ 3. The above provisions do not override rights provided for by other regulations, in particular by copyright law and law on inventive activity.

Article 415

Whoever by his fault caused a prejudice to another person shall be obligated to redress it.

The Penal Code

Article 119

§ 1. Whoever uses violence or makes unlawful threat towards a group of persons or a particular individual because or their national, ethnic, political or religious affiliation, or because of their lack of religious beliefs, shall be subject to the penalty of the deprivation of liberty for a term of between 3 months and 5 years.

§ 2. The same punishment shall be imposed on anyone, who incites commission of the offence specified under § 1.

Article 256

Whoever publicly promotes a fascist or other totalitarian system of state or incites hatred based on national, ethnic, race or religious differences or for reason of lack of any religious denomination shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.

Article 257

Whoever publicly insults a group within the population or a particular person because of his national, ethnic, race or religious affiliation or because of his lack of any religious denomination or for these reasons breaches the personal inviolability of another individual shall be subject to the penalty of deprivation of liberty for up to 3 years.