#Poland Council of Europe criticizes Poland's new government on rule of law

By Catherine Feore

Council of Europe’s Commissioner for Human Rights Nils Muižnieks (pictured) has criticized Poland’s new government for hastily adopting laws and failing to hold a public debate when making changes to laws that protect human rights. Commissioner Muižnieks said that there can be no real human-rights protection without mechanisms guaranteeing the rule of law.

The Commissioner's concerns were heightened by the fact that an essential element of Poland's framework for the protection of human rights is currently unable to function. "The paralysis of the Constitutional Tribunal bears heavy consequences for human rights of all Polish citizens. The Polish authorities must find a way out of this situation by fully abiding by the rulings of the Constitutional Tribunal and the opinion to be adopted soon by the Council of Europe’s Venice Commission. There can be no real human rights protection without mechanisms guaranteeing the rule of law, in particular by ensuring checks and balances among the different state’s powers."

The comments came at the end of a four-day visit to Poland where the commissioner reviewed the country’s framework for the protection of human rights, the administration of justice, as well as gender equality and women’s rights.

It is less than a month since the EU decided to launch the Rule of Law mechanism, and start an assessment of the situation in Poland. The European Commission’s actions in January were triggered by the political and legal disputes concerning the composition of the Constitutional Tribunal and changes in the law on public service broadcasters. To this list, the Council of Europe’s commissioner has added concern about a planned reduction of the budget of the Polish Commissioner for Human Rights and a draft law that will lift the immunity of the Polish Commissioner for Human Rights and the Commissioner for the Rights of the Child. Muižnieks warns that the independence of these two institutions may be endangered if the future law does not contain all the necessary safeguards. He has called on the Polish authorities to take on board the recommendations issued by the Office for Democratic Institutions and Human Rights of the OSCE in this respect to avert that risk.

Muižnieks welcomed the ratification by Poland of the Council of Europe Convention on preventing and combating violence against women and domestic violence in April 2015. “Now it is time to translate international commitments into concrete measures to tackle domestic violence, including by allocating adequate and sustainable funds to ensure the proper running of shelters for women victims of violence" said the commissioner after visiting a shelter and a counselling centre for women victims of domestic violence, run by an NGO in Warsaw. “Currently in Poland, negative stereotypes against women among police officers, prosecutors and judges seriously hamper women’s equal access to justice and jeopardize progress in women’s rights. This situation can be reversed through measures to raise awareness and train relevant stakeholders including medical staff in contact with women victims of violence.”

Share this article: