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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Scroll to: Summary of Stakeholders' Information Accepted and Rejected Recommendations 3. During the period 2008–2011, Poland ratified the following international agreements concerning human rights issues: a) Council of Europe Convention on Action against Trafficking in Human Beings; b) Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III); c) Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to have Indiscriminate Effects – Protocol V; d) Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. 6. The Ombudsman for Children’s Rights is a constitutional organ of state authority. It takes actions aimed at protecting i.a. the right to life and health care, the right to live in a family, the right to decent social conditions and the right to education. The Ombudsman also engages in actions aimed at protecting children against violence, cruelty, exploitation, demoralisation, neglect and other forms of maltreatment. The Ombudsman is particularly committed to providing care and assistance to disabled children, as well as to promoting and protecting their rights. In 2010, Polish legislation was amended to extend the scope of the Ombudsman’s competences. As a result, he or she now has the right, i.a., to participate in proceedings on constitutional complaints concerning children’s rights that have been lodged with the Constitutional Court; to file a cassation against a final and binding court judgement and to participate in pending juvenile proceedings. 41. Family policy is mainly oriented at supporting families financially, developing a society that is friendly towards children and families and enabling people to balance their work and family life. Measures are implemented to improve the living conditions of families (material support for families with dependent children), lessening the burden connected with having children and making parenthood more attractive. 42. In order to make the balance between work and raising easier and to provide a real choice between raising children at home and benefitting from care over a small child outside home in different forms, Law on Care for Children under the age of three was passed in 2011. 43. Act on the Family Support and Substitute Care also adopted in 2011, aims to: • enhance prevention and improve methods of working with a family experiencing problems in fulfilling its care and formation functions, • develop family forms of substitute child care, provide substantive and financial support to a foster family; develop family foster homes, change of standards applicable to care and formation institutions, in particular decreasing the size of institutions that eventually should admit up to 14 children, ban on placing children younger than 10 years in institutions. 45. On 1 August 2010, the amended Counteracting Domestic Violence Act of 10 June 2010 entered into force. The amendments aim to: • increase prevention of domestic violence; • ensure more effective protection of victims of violence, especially children; • develop mechanisms that help separate offenders from victims; • change the attitudes of people who resort to domestic violence through corrective and educational programmes. The Act introduced: • a new preventive measure ordering an accused to leave the premises occupied jointly with the victim, provided there are reasonable grounds to believe that the accused could commit another violent offence against the victim; • new kinds of penal measures that contain the order to leave the premises occupied jointly with the victim and the restraining order; • new kinds of probation measures that contain the restraining order and may require offenders to participate in corrective and educational programmes, with or without their consent; • a mandatory premise ordering the enforcement of a suspended punishment and repealing parole granted to domestic violence offenders who have committed such acts again; • a procedure that involves a court probation officer and allows to file a motion with the court to enforce a suspended prison sentence or repeal parole; • the right to claim separation of a domestic violence offender from his or her victim in civil proceedings; • a procedure of removing a child from a family by a social worker, if the child’s life or health is in danger because of violence. The decision is taken jointly with the Police, medical doctor, nurse or a paramedic. The social worker is obligated to notify the family court within 24 hours of this fact, and the court then issues a decision about the child’s future fate; • free-of-charge medical examination to determine the cause and nature of bodily injuries and free-of-charge medical certificates that can be used as evidence in court proceedings. 46. The amended Family and Guardianship Code bans corporal punishment of minors by persons who exercise parental or guardianship authority over them. The amended Code imposes new obligations on government administration bodies, i.a. the appointment of Voivodeship coordinators of the National Programme of Counteracting Domestic Violence. Municipal and poviat self-governments are obligated to develop local programmes of counteracting domestic violence and to set up interdisciplinary teams to ensure that steps taken for the sake of victims of domestic violence are more effective. 53. Measures undertaken under the National Employment Action Plan (NEAP) have helped mitigate the effects of the economic crisis on employment. Despite the fluctuating level of unemployment, the employment rate of persons aged 15-64 has not changed, and the ratio of persons chronically unemployed to the overall number of unemployed has increased. The number of people working in the agricultural sector has gone down, while the number of persons working in the industry sector has gone up. 56. The National AIDS Centre, acting on the authority of the Minister of Health, implements HIV/AIDS prevention and counteraction measures, limiting the spread of HIV infections, improving the quality of life and access to health care for people living with HIV/AIDS and their loved ones through: • prevention of HIV infections and assurance of adequate access to information about HIV/AIDS prevention, education and services, • improve the quality of psychosocial life of people living with HIV/AIDS, their families and loved ones, • ensure wide access to diagnostics and ARV treatment, • improve quality and access to diagnostics and medical care for people with HIV/AIDS and persons at risk of HIV infection, • reducing the number of HIV infections among children. 57. Applying ARV diagnostics to a group of newborn babies born to HIV-infected mothers helped reduce the percentage of vertical infections from 23% before 1989 to below 1 %. No case of HIV infection after professional or non-professional exposure to infection has been registered in Poland so far. 59. The applicable regulations protecting children’s rights are consistent with the provisions of the Convention on the Rights of the Child. The supreme source of these rights is the Constitution, laying down the basic rules governing family relations, including the protection of children’s rights. 60. The Family and Guardianship Code is the main legal act that codifies the rules enshrined in the Constitution relating to the welfare of the child and to equal rights of children, irrespective of whether the child was born in or out-of-wedlock. 61. The amendment to the Prevention and Counteracting Domestic Violence Act, adopted on 10 June 2010, banned corporal punishment administered by persons who exercise parental authority, act as guardians or care for minors. For information on other changes in the Act, see part C, item II, 1, b). 62. The Polish law gives primacy in raising children to their own family. The Act on supporting family and the exercise of foster care, and in the Social Welfare Act the hierarchy of these values is reflected and a certain sequence of measures to be taken to preserve the child’s right to be raised in his or her own family is presented. Support to biological families, and subsequently assistance to a child who cannot remain with his or her own family are the most important measures. 63. Children’s contacts with his or her parents are regulated by the Family and Guardianship Code, amended in 2008 in order to make these contacts easier. It provides that maintaining contact with one’s child is the child’s right and obligation, which follows Article 9(3) and 10 of the Convention on the Rights of the Child. The amendment is also consistent with the Council of Europe Convention on Contact concerning Children. 64. Consistent with the Constitution, provisions of international agreements that include a definition of human trafficking, including primarily the Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings are directly applied by the Polish justice administration. According to the 2010 amendment of the CC, in the case of minors who are victims of human trafficking, the use of violence or illegal threat, kidnapping, deception, misleading or taking advantage of a mistake or inability to properly understand the action undertaken, abuse a relation of dependence, take advantage of a situation or condition of hopelessness, offer or take hard or soft bribes or the promise thereof by a person who cares for or is responsible for another person do not necessarily have to take place for an offender’s action defined as human trafficking to be qualified as human trafficking. 65. Under the law on universal duty to defend the Republic of Poland amended in 2009 and the amendment of the law on alternative service, only persons aged 18 and older may be conscripted to the army for compulsory and voluntary basic service. 66. The relevant provisions of Polish law are fully consistent with the provisions of the Convention on the Rights of the Child, in particular with its Article 34. Protection against child pornography is wider than the one provided for under the Convention and the Optional Protocol on child trafficking, child prostitution and child pornography. In 2008, the Criminal Code has been amended to strengthen measures that protect children against sexual violence. 67. On 8 June 2010, amendments to the CC and other laws introducing more effective measures counteracting paedophilia, including in the Internet, entered into force with the aim to increase the liability of perpetrators of sexual offences against children under 15. The amendment of the CC brought the Polish law in line with the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention). The amendment enacted more effective measures against such offenders, providing for mandatory placement of a sentenced offender in a centre that runs pharmacological therapy or psychotherapy. 68. Polish legislation in this area complies with the provisions of the Convention on the Rights of the Child. A person over the age of 17 can be criminally charged for committing an illegal act. As an exception to this rule, a minor over 15 years of age who has committed the most severe offences can be held liable pursuant to the rules set out in the CC. If the offender is a minor, the court passes a more lenient sentence than if he was an adult who has committed the same crime. However, a person aged 13 to 17 years who has committed a punishable offence, as a rule, is not held criminally liable and is brought before a family court which adjudicates corrective or formative measures in respect of such offender. For persons who have shown signs of demoralisation and are under 18 years of age, the family court adjudicates formative measures. In applying corrective and formative measures, the court is guided by the child’s welfare and acts to prevent his or her demoralisation and to support parents in their efforts to raise the child. 69. Draft amendment to the Educational System Act of 2007 required schools to protect students against content that “threatened their correct mental and moral development” by attacking the principle that marriage and the family should be protected and by promoting homosexuality. As education is an action undertaken on the basis of dialogue and social consultations, given that the proposed amendments had not met with acceptance, they were firmly rejected . 71. The educational system guarantees every child attending kindergarten and school support in his or her development and psychological and pedagogical assistance based on the child’s development and educational needs. 72. As part of the Ministry of National Education’s policy supporting equal educational opportunities for children and young people with special educational needs, a new curriculum base was prepared for pre-school education and comprehensive education (enacted on 1 September 2009), in which special attention was placed on the need to support social skills and on content concerning the rights of disabled persons. Children and young people with disabilities are guaranteed the possibility of studying at all types of schools, in keeping with their individual development and educational needs and predispositions. 73. In order to make education of students with special needs more effective, in 2010 regulations were amended placing more emphasis on an individual approach to a child who needs support which should be provided as close to his or her place of education as possible. 74. “Development of Education and Competences in the Regions” is a priority that identifies specific objectives for implementation to help reduce inequalities in access to education and narrow the inequality gap in educational services, especially between rural and urban areas. These are implemented through regional pre-school education programmes and are partially financed out of local and regional scholarship programmes addressed to particularly gifted students from the poorest families, and through development projects improving the quality of education, narrowing the educational gap in the process of education, more effective teaching of key competences needed in future education and in the labour market. 77. Since 1 January, 2010, fees for non-Polish students attending upper secondary schools have changed. Non-Polish nationals who are subject to compulsory schooling or education and who do not know the Polish language at a level sufficient for learning purposes have the right to additional Polish language classes, free of charge. 90. The Government Plenipotentiary for Equal Treatment is also involved in similar programmes. It organised a conference promoting women entrepreneurship and measures that would make it easier for women returning to work after maternity or child care leave, called “A Woman’s Strength is the Company’s Strength”. A competition entitled “I am the boss” was organised to overcome stereotypes concerning women and power and to promote a positive image of women – leaders among young people. The competition “Father at Work, Father at Home” promotes a partnership model of family and active fatherhood. 129. Examples of the Plenipotentiary’s structural, educational and promotional activities include: • The “Equal Treatment − A Standard of Good Governance” project with a view to preparing central government administration at all levels to draft and monitor laws, as well as create and implement strategies which serve the principle of equality. Alongside training workshops and research tasks, the project also consists of the “See? React!” public awareness campaign promoting equal treatment and active participation in anti-discrimination measures. • Analyzing newly authorised school textbooks from the point of view of criteria of compliance with the principle of equal treatment regardless of sex, race, ethnicity, nationality, religions, faith, political opinions, age, sexual orientation, marital and family status. • Conferences: “No to Racism in Sport” (2009 and 2010), “How to Raise Your Child to Prevent Him or Her from Thinking in Stereotypes?”, Diversity Day – part of the EU “For Diversity, Against Discrimination” campaign; “Being a Roma Woman in the 21st Century” seminar with an exhibition “Roma” as part of the “Beauty in Diversity” series. • Public service campaign entitled, “Sweep out Xenophobia – Summer Cleaning in the Name of Tolerance”. The goal of the campaign is to rid the public space in Polish cities of anti-Semitic, racist and xenophobic graffiti. • Establishing the Government Plenipotentiary for Equal Treatment “Crystal Crowbar” Award; competition aimed at combating stereotypes and counteracting discriminatory content in advertising. • TV election ad entitled “Different but Equal” which promotes equal treatment regardless of sex, age, race, ethnicity, disability or sexual orientation. • “Different but Equal” TV programmes aired as a regular piece during the “Kawa czy herbata?” breakfast TV show, showcasing the positive aspects of multiculturalism. 132. In order to make EURO 2012 safe (in line with the motto “Feel safe, have fun”), it is not enough to correctly prepare law enforcement and public order services for the event; one must also provide a friendly atmosphere in the stadiums and within the public space, as well as access to information, professional services and medical care for football fans. The Polish government supports initiatives aimed at shaping a positive attitude and awareness among Polish football fans. Promoting positive ways of supporting your team – eliminating prejudice and stereotypes, especially among school youth – will help build a culture of fan support based on the principle of fair play. Key decisions in this field include: • adopting the Mass Event Security Act and subsequent amendments; • establishing the Sports Events Security Council (an opinion-making and advisory body) which drafts and supports prevention programmes and coordinates and monitors activities aimed at preventing instances of discrimination at sports events. 133. Preventive measures consist primarily of national, regional and local programmes implemented in cooperation with governmental and non-governmental bodies; they include the UEFA EURO 2012 Social Responsibility Programme (Football Fans in Their City, Football Fans Together, Football Fan Embassies), Safer Together, Counteracting Youth Aggression and Pathological Behaviour Through Sport, I Am Fair, Fair Support, as well as the national campaign Let’s Kick Racism Out of the Stadiums. 5. In 2009, the Committee on the Rights of the Child (CRC) recommended that Poland continue to provide the Ombudsman for Children with sufficient financial and human resources to exercise its mandate. 20. HR Committee was concerned that children who have run away from foster care centres can allegedly be placed in police custody centres. It recommended that Poland introduce new legislation governing in detail the living conditions to be secured in police custody centres for children and the rules governing children’s entry and stay in such facilities. It should also ensure that children who have not committed a punishable act are not placed in such custody centres. 23. CRC remained concerned that the legislation does not criminalize all the acts constituting offences as per articles 2 and 3 of the OP-CRC-SC. Specifically, CRC regretted the lack of legislation specific to the sale of children and was concerned at the absence of a definition of “child prostitution” and of “sale of children” in the Penal Code and at the lack of explicit protection in the Code for children between age of 15 and 18 from child pornography or child prostitution.55 CRC was concerned that preventive measures against the exploitation of children, including prostitution and pornography and measures to identify the causes and extent of the problem, remained limited. 24. Furthermore, CRC recommended that Poland create programmes and provide services for child victims of offences under the OP-CRC-SC to assist recovery and reintegration. In this regard, it urged Poland to ensure that adequate financial resources and trained human resources are allocated for these programmes and services. It also recommended that Poland speed up the adoption of the guidelines on assisting victims of trafficking, which will serve as a pilot programme in police units, and ensure that the pilot programme is provided with adequate resources for implementation. 57 25. CESCR was concerned that Poland is a country of origin and destination and a point of transit for trafficking in humans, especially children and women, and for the purpose of sexual exploitation.58 In 2009, the Special Rapporteur on Trafficking in Persons recommended the adoption of a definition of trafficking in accordance with the international and regional human rights instruments, and the inclusion in the Criminal Code of a specific provision for child victims of trafficking.59 The Special Rapporteur encouraged Poland to improve the identification of victims of trafficking 60 and recommended that Poland undertake measures, including in legislation, to ensure that a trafficked victim’s entitlement to protection from further exploitation and to physical and psychological care shall not be made conditional upon the capacity or willingness of the trafficked person to cooperate in legal proceedings. 27. CRC recommended that Poland establish an identification mechanism for children, including asylum-seeking and refugee children, who may have been involved in armed conflict abroad. It further recommended that Poland take measures to provide these children with appropriate assistance for their physical and psychological recovery and their social reintegration. 40. CESCR noted that unemployment is high. It was particularly concerned at the higher unemployment among certain disadvantaged and marginalized groups, including persons with disabilities, long-term unemployed persons, persons of Roma origin, and both young and older persons. 46. The Special Rapporteur on the Right to Health noted with concern that access to certain reproductive health services, such as contraception, prenatal testing and legal abortion, is seriously impeded. Even though some methods of contraception are available over the counter, they are often too expensive and inaccessible to many women. CESCR and HR Committee expressed similar concerns. CESCR regretted the decision of Poland not to include family planning services in the State budget. The Special Rapporteur on the Right to Health recommended that Poland adopt a comprehensive strategy for the promotion of rights to sexual and reproductive health and increase investments from the national budget to improve sexual and reproductive health services; and improve accessibility and affordability of all forms of contraception by subsidizing contraceptives to underserved groups such as youth and the unemployed. HR Committee and CESCR made similar recommendations. 57. While welcoming the innovative approach by Poland to the education of Roma children, including the introduction of Roma Teaching Assistants and the gradual phasing- out of separate education, CERD noted with concern that many Roma children do not attend or remain in school and do not pursue higher education. Summary of Stakeholders' Information 11. IIMA noted with satisfaction the progress made in birth registration. However it expressed concern that children of illegal migrants still remain unregistered. 16. JS3 reported about the detention of foreign minors in closed facilities simply because they are undocumented or asylum seekers. Facilities in detention centers are very similar to prisons and most of them do not provide educational programs for minors. JS3 recommended that Poland introduce a legislation prohibiting the detention of minor migrant children. 17. CoE-CPT recommended that Poland ensure that all foreign nationals detained under aliens legislation are effectively able to benefit from legal counselling and, if necessary, legal representation. Further, it would be desirable for foreign nationals to receive a written translation in their own language of the conclusions of decisions regarding their detention/expulsion, as well as of information on the modalities and deadlines for appealing against such decisions. CoE-ECRI recommended that Poland do not detain non-citizens in an illegal situation who cannot be expelled and do not keep children seeking asylum in guarded centres because their parents have committed minor offenses. 20. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) indicated that the 2010 Act on the Prevention of Domestic Violence explicitly prohibited corporal punishment in the home and other forms of care. GIEACPC referred to a study conducted in 2011 indicating that the social acceptance of parents hitting children has already begun to decrease following the full prohibition of corporal punishment. However, Istituto Internazionale Maria Ausiliatrice (IIMA) reported that episodes of violence against children still occur mainly at home and that domestic violence is common, but not exclusive, in cases of parents with drug and alcohol addictions. GIEACPC, while expressing hope that Human Rights Council will acknowledge the legal reforms banning fully corporal punishment, recommended that Poland continue to support the reform of the legislation by conducting public awareness raising and providing professional education on the provisions of the law to ensure its effective implementation. IIMA recommended that Poland continue its efforts aimed at ensuring free adequate assistance, including psychological support, to children victims of violence and abuse. 21. The Polish Coalition against Commercial Sexual Exploitation of Children (PC- CSEC) expressed concern about the lack of full and coherent protection of children against exploitation in prostitution and pornography. In this respect, it referred to concerns expressed by CRC about the lack of definition of child prostitution. PC-CSEC reported that legislation does not also include the definition of child pornography. Furthermore, legislation lacks effective protection of children between the ages of 15 and 18 against being exploited in prostitution whenever they offer sexual services but are not convinced or brought to involve in sexual activities by the perpetrator. Nothing other loopholes in legislation regarding protection of children against prostitution and pornography, PC-CSEC recommended that Poland harmonize its criminal law with the standards set forth in relevant international and regional human rights instruments. IIMA noted that sexual exploitation mainly involved children of illegal migrants. It recommended that Poland eradicate sexual exploitation and prosecute and impose appropriate sanctions on any perpetrator of the alleged violations. 22. PC-CSEC reported that legislation does not comply with international standards requiring special protection of a child acting as a victim or witness of human trafficking and does not cover certain forms of sale of children. PC-CSEC recommended that Poland amend the Criminal and Criminal Procedural Codes to provide required protection of child victims in human trafficking within the courtroom proceedings. Furthermore, it is important to ensure that legislation recognises the separate nature of trafficking in human beings and sale of children, and provides an explicit definition and penalisation of any participation in sale of children. 27. JS2 stated that the 2011 Bill on Family Support and System of Alternative Care stipulated that family-based care is the first option of placement of children, who lost parental care, especially of children younger than 10 years old. However, the Bill created the “pre-adoptive centres” that may host up to 20 children not older than one year old. JS2 recommended that Poland, instead of opening ‘pre-adoptive’ centres for children younger than one year old, focus on the development of specialized professional foster families. JS2 and JS3 reported that, in 2010, out of 95,000 children living in all types of alternative care, over 28,000 children lived in child-care institutions. 29. HFHR reported that while legislation entitles pupils with the choice of attending classes on religion or ethics, in practice there is a predominance of teaching of classes on religion as ethics is rarely taught. 37. JS3 stated that child poverty was one of the most alarming problems and that the worst material conditions were noted for couples with three and more children. JS3 added that the number of children claiming family benefits had significantly decreased because the thresholds for eligibility had not been readjusted since 2004, to keep up with inflation. JS3 also indicated that benefits for children with disabilities were limited. JS3 recommended that Poland automatically adjust, in keeping with the level of inflation, income thresholds for receiving financial support from the State and correct the unequal treatment of children within the Act on Family Benefits. 38. JS3 stated that young people leaving alternative care (institutions or foster families) do not enjoy their rights to social security and to an adequate standard of living. Noting legal provisions guaranteeing the right to adequate housing of young people leaving alternative care, JS2 and JS3 stated that in practice there is not enough housing available for those leaving the alternative care. JS2 and JS3 recommended that Poland develop and implement the national program on social housing . 43. JS4 and JS6 reported that the content of the sex education in schools was very problematic and often did not conform to scientific standards, which had consequences for young people in terms of their vulnerability for STIs including HIV/AIDS, as well as unintended pregnancies. 44. JS3 reported about a problem of the availability of health care for undocumented immigrants, including undocumented minors and pregnant women. IIMA expressed concern about exclusion of illegal migrants from free health care services, except for life threatening situation. 46. IIMA noted with concern that the phenomenon of drug and alcohol addictions among youth was increasing. JS1 reported that, in 2000, possession of any amount of drugs was criminalized and thus, anyone found with drugs might face up to three years imprisonment, even if it is a first time offense. Even when alternative sanctions were imposed, the offender still received a criminal record.106 Furthermore, JS1 stated that, although HIV cases and Hepatitis C prevalence among injecting drug users are high, spending on harm reduction, including opioid substitution therapy (OST), was low and it was not available in certain regions. Needle and syringe exchange programmes are in decline owing to several factors including: municipalities do not allocate sufficient funds for harm reduction programmes, the National Health Fund does not provide funds directly for needle and synergy exchange programmes and there are no exchange programs in prisons. 47. JS1 recommended that Poland consider amending the National Law on Counteracting Drug Addiction to avoid penalization of the possession of minute quantities of drugs to foster access to substitution therapy for people using drugs and scale up harm reduction services, in particular to ensure that health facilities for people who use drugs are available, accessible and acceptable. Furthermore, IIMA recommended that Poland provide drug and alcohol addicted youth with medical and psychological assistance and adopt preventive measures, including awareness raising campaigns to combat drug and alcohol additions among youth. 48. While recognizing the progress made in school attendance, IIMA noted that several sections of the population still had low school attendance rates, including children belonging to families living in difficult situations, as well as young boys and girls with drug and alcohol addictions. IIMA expressed concern that majority of children of illegal migrants are, de facto, excluded from education. IIMA recommended that Poland adopt all necessary measures to guarantee full access to education for all children, especially those belonging to the most vulnerable groups. Similarly, CoE-ECRI recommended that Poland ensure the same compulsory schooling attendance rate for citizens and non-citizens. 49. CoE-ECRI welcomed initiatives undertaken to improve education of Roma children, notably the phasing out of separate classes for Roma children, and recommended that Poland continue its efforts to support Roma-children education. 51. CoE-ACFC stated that despite the progress achieved in some fields, in particular in schooling of Roma children, the situation of Roma, in respect of health, employment and housing is still a matter of concern. The efforts undertaken in the framework of the Programme for the Benefit of the Roma Community to improve the living conditions have not yielded the anticipated results. CoE-ECRI recommended that Poland continue implementing the Programme for the Benefit of the Roma Community. 53. IIMA stated that illegal migrants are among the most vulnerable groups. Children of irregular migrants were often unregistered at birth, which hindered them from attending school and they have access to free health services only if enrolled at school. IIMA recommended that Poland adopt preventative measures to combat de facto and de jure discrimination by guaranteeing all the basic services to children of illegal migrants. Accepted and Rejected Recommendations The following recommendations were accepted by Poland
Wednesday 30 May 2012 - 14.30 p.m. - 18.00 p.m.
A - 90.25. Consider an early ratification of the newest international human rights instrument – the third Optional Protocol to the Convention on the Rights of the Child on communication procedure (Slovakia);
A - 90.31. Take measures to ensure that current legal protection of children is recognized and commonly known in public (Sweden);
A - 90.39. Take measures to guarantee full access to education and to health to all vulnerable groups, including illegal migrants (Holy See);
A - 90.41. Inform the Council on the measures to make the provision prohibiting corporal punishment in all settings widely respected in the country (Hungary); 1
A - 90.59. Take effective measures to combat child poverty (Cuba);
A - 90.83. Continue to reinforce actions aimed at protecting children against violence, cruelty, exploitation, demoralisation, neglect and other forms of maltreatment (Republic of Moldova);
A - 90.84. Bring its domestic legislation relating to the protection of the rights of children, especially in cases of child prostitution, child pornography, and child victims of trafficking, in line with its obligations under the CRC (Thailand);
A - 90.85. Adopt and enact laws on the sale of children, child prostitution and child pornography, and other forms of sexual exploitation of children (Egypt);
A - 90.86. Adopt immediate measures, including legislative to eradicate sexual exploitation of children and recruitment of adolescents into prostitution. Provide for the relevant legal protection for child victims of human trafficking in the framework of judicial process (Belarus);
A - 90.96. Ensure protection of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children (Australia);
A - 90.98. Continue its efforts to assure birth registration of all children including the children of undocumented migrants (Holy See); 2
A - 90.106. Ensure, as a minimum, that women can access lawful abortion by creating clear, legally binding regulations for the implementation of the 1993 Family Planning Act (Norway);
A - 90.107. Define unambiguously the circumstances under which therapeutic abortion is allowed (Slovenia);
A - 90.108. Provide women that have been unjustifiably denied access to adequate reproductive health services with an effective redress mechanism (Slovenia);
A - 90.109. Examine possible ways to make the bureaucratic process required when terminating a pregnancy as quick as possible, and maximize its efforts to make sure that the process is conducted in a professional way (Sweden);
A - 90.111. Adopt measures to guarantee full access to education for all children in the country (India);
A - 90.112. Continue their efforts in supporting equal educational opportunities for children and young people with special educational needs (Indonesia);
A - 90.114. Continue to move forward in the promotion and protection of the human rights of the minorities, in particular in the areas of health, employment and housing (Mexico); registration of all children.
A - 90.115. Strengthen its efforts to fully integrate the Roma into society and to combat discrimination against them, so they can enjoy their economic, social and cultural rights, especially in education, employment and housing (Chile);
A - 90.116. Continue its efforts to support Roma-children education, including by increasing the availability of bilingual education (Liechtenstein);
A - 90.117. Ensure full implementation of the right to education of persons belonging to national minorities in particular to refrain from closing schools with minority language of instruction, to provide necessary funding for these schools, also to fully finance publication of textbooks in national minorities languages (Lithuania);
A - 90.118. Improve the detention conditions of children of foreigners who seek to receive the status of refugees and who live in the territory of Poland in closed facilities (Russian Federation); 3
A - 90.119. Ensure basic services for children of irregular migrants, including education, health and medical care (Uruguay);
A - 90.120. Pay more attention to solve the problem of birth registration of illegal migrants (Iraq);
A - 90.121. Take measures to improve detention conditions of migrant- children and ban legally the practice of detaining those children (Belarus);
No recommendations were left pending.
No recommendations were rejected.