The Constitution of the Republic of Poland

The Constitution (The Journal of Laws 1997, No. 78, item 483, as amended) forbids any form of discrimination and introduces the principle of equality before the law (article 32). It also guarantees men and women equal rights (article 33). Moreover, it ensures that anyone, being under the authority of the Polish State, foreigners too, shall enjoy the freedoms and rights guaranteed by the Constitution. Possible exemptions from this principle with respect to foreigners shall be specified by statute (article 37).

The Constitution also introduces a ban on the existence of political parties and other organizations whose programs are based upon totalitarian methods and the modes of activity of nazism, fascism and communism, as well as those whose programs or activities sanction racial or national hatred (article 13).

The Constitution also states that ratified international agreements constituting a part of the domestic legal order may be applied directly, unless its application depends on the enactment of a statute (article 91). It means that a person who claims having been discriminated may refer to the provisions of a particular international agreement before the Polish court.

In addition, everyone whose constitutional freedoms or rights have been infringed, has 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 (article 79).