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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Scroll to: Special Rapporteur on the right to freedom of opinion and expression ---------- Report by the UN Special Rapporteur on the right to freedom of opinion and expression Abid Hussain E/CN.4/1998/40/Add.2 Country visit: 24 to 28 May 1997 Report published: 13 January 1998 Issues raised: Media and violence: The issue of public morals has taken on increased importance, in the light of an increase in the influx of the so-called yellow press as well as films from Western countries. The Special Rapporteur was informed of an increasing concern in Poland regarding the depiction of violence in the media and its possible influence on the young. (Paragraph 47)
Please note that the language may have been edited in places for the purpose of clarity
Report by the Special Rapporteur on toxic waste
(25 31 May 2011)
No references to children's rights
Report by the UN Special Rapporteur on the right to health
Anand Grover
A/HRC/14/20/Add.3
Country visit: 11 May 2009
Report published: 20 May 2010
Issues raised:
Sexual and reproductive health: Article 18 of the 1997 Polish Constitution stipulates that “motherhood and parenthood shall be placed under the protection and care of the Republic of Poland”. In the same context, article 47 guarantees everyone the right to legal protection of their private and family life. The 1993 Act on Family Planning further sets out issues directly related to sexual and reproductive health rights obliging government and territorial or regional governments to provide women with medical, social and legal care, specifying which form this care should take. However, the law concerning consent of parents for advice on contraception in the case of minors, and the concepts of “assisted reproduction” and “conscientious objection” are open to different interpretations, and thus the legal uncertainty may limit or prevent access to redress. (Paragraph 23)
The Special Rapporteur notes with concern that, despite the ratification by the Government of Poland of human rights treaties and declared commitment to honour them, access to certain reproductive health services, such as contraception, prenatal testing and legal abortion, is seriously impeded. In this context, reports and personal testimonies indicate that women, even in the limited circumstances in which abortion is legal, encounter serious difficulties in having it performed. The Special Rapporteur also received allegations that young people were not permitted to buy condoms over the counter, despite no legal prohibition denying access to these. (Paragraph 24)
Access to information and sexuality education: Access to comprehensive, non-discriminatory, unbiased and science-based sexuality information and education in Poland is one of the issues related to rights to sexual and reproductive health that raises concern for the Special Rapporteur, particularly with regard to adolescents facing unwanted pregnancies. Despite the fact that the 1993 Act on Family Planning requires the Ministry of Education to introduce sexuality education into the school curriculum, sexuality education falls into the category “Family life education” as provided for by the Regulation of the Minister of National Education and Sport of 26 February 2002 on the core curricula for preschool education and general education. Family life courses focus narrowly on marriage and family and touch only to a very limited extent on issues of sexuality and procreation, merely promoting abstinence and traditional methods of family planning. The curriculum also lacks science and evidence-based information on contraception, abortion and non-discriminatory content on gender and sexual orientation. The Special Rapporteur was also informed that schools do not follow a consistent programme and often sexuality education courses are taught by school counsellors, physical education teachers or teachers of vocational subjects. Sometimes, these courses are given by priests or nuns, whose religious beliefs may affect their ability to provide unbiased, science-based and reliable information about sexual and reproductive health, irrespective of whether they are otherwise qualified to teach.(Paragraph 25)
The Special Rapporteur welcomes the steps already taken by the Government to improve access to sexuality education and information, and calls the Government to further eliminate the possibility for parents to object to the provision of sexuality education in schools. Furthermore, the Special Rapporteur calls on the State to review the content of the curricula to ensure the provision of comprehensive, unbiased and science-based sexuality education. (Paragraph 26)
Access to legal abortion: The Act stipulates that the woman should give her consent in writing, including whether she is a minor or living with a mental disability; an exception exists for cases where obtaining consent could endanger a patient’s life or pose a serious risk of bodily harm, or to health. If the woman is a minor or a person incapable of giving informed consent, consent is provided by the statutory representative (usually the parent or the Custody Court). In light of the Convention on the Rights of Persons with Disabilities, the Special Rapporteur notes that people with disabilities have full legal capacity, and that any support they may require to provide informed consent should be assessed on a case-by-case basis. If the woman is over 16, her consent is also required (“parallel consent”). However, the Special Rapporteur is concerned that, although provision is made to seek the opinion of patients under 16 years of age regarding their treatment, there appears to be no obligation to consider this opinion. The Special Rapporteur believes that ability to consent to a procedure should be determined on a case-by-case basis, taking into account the maturity of the minor in question, and her understanding of the procedure and its risks. (Paragraph 31)
The Special Rapporteur notes with regret that women in Poland face numerous obstacles in accessing abortion services, even when they are legally entitled to an abortion. He is concerned that non-State actors, such as priests, interfere with access to legal and safe abortions. The Special Rapporteur was informed of the case of a priest who pressured a girl of 14, who became pregnant as a result of a rape, not to seek legal abortion. In another case, a priest interfered with a doctor’s decision on abortion of a pregnant woman suffering from cancer. In the latter case, clearly intimidated doctors changed the decision, and as a result no abortion took place. Such interference also raises serious concerns about medical confidentiality which may be compromised. It was also reported that religious ministers often work with midwives who report doctors who would be prepared to provide abortion services. The Special Rapporteur reiterates that the State has the obligation to ensure that no one interferes with or prevents the woman’s right to access legal and safe termination of pregnancy. This applies with equal force to religious ministers of any belief/denomination. The Special Rapporteur is concerned that interference by non-State actors, such as priests, into the rights of women to access legal abortions is defended on the grounds of patients’ rights to refuse pastoral-care, apparently without consideration of social or other pressures upon patients to accept such pastoral care services. The Special Rapporteur calls upon the Government of Poland to fulfil its obligation to proactively prevent interference by non-State actors.(Paragraph 38)
Health professionals: The case of a 14-year-old (outlined in paragraph 38) illustrates the situation aptly. Although the case met all the necessary legal requirements for legal abortion on criminal grounds, several hospitals and health-care workers refused to perform an abortion, ostensibly on the grounds of conscientious objection. It was apparently only due to intervention by the Minister of Health that the abortion was finally performed secretly in a remote town, without formal records of the procedure. This raises questions about the options available to women who do not enjoy this kind of high-level support. (Paragraph 53)
Drug use and harm reduction: There is a need for improved harm reduction measures to treat drug dependence in Poland. Studies indicate that drug use is most prevalent amongst men, as approximately 68 per cent of men and 32 per cent of women report drug use. There are approximately 100,000–120,000 people using drugs and around 25,000–27,000 people using opiates. Marijuana and amphetamines are the most popular illicit substances. The age of persons using drugs ranges from 15–40. (Paragraph 65)
In cooperation with a number of non-governmental organizations (NGOs) the Bureau had successfully established a number of facilities for the treatment of drug use by 2007. Eighty-five inpatient centres have been established, 33 of which admit underage patients. Furthermore, 295 outpatient centres (9 being day-care centres) have been created including public and private outpatient facilities, hospital outpatient clinics, crisis intervention centres, mental health centres, consulting centres, 9 day centres and 30 detoxification centres and wards. Moreover, the Bureau intended to increase and further develop the availability of prevention and treatment for drug-related infectious diseases. In this regard, there has been an increase in safe-sex awareness through educational programmes advocating safe-sex practices and through the distribution of condoms. In addition, 2009 saw the development of the Drug and Narcotic Substances Addiction Prevention Programme – “Say STOP to Drugs” Early Intervention in Non-Adaptation Behaviour, constituting an element of the Programme of the Ministry of the Interior and Administration on the Prevention and the Combating of Drug-related Crime within the framework of the National Drug Addiction Prevention Programme. (Paragraph 68)
HIV/AIDS and harm reduction policies: Due to the growth in the number of new HIV infections over the years, there is a real need to make treatment available and ensure that education regarding the epidemic is provided to the general population. In response to this need, the National AIDS Centre was established in 1993. The Centre has been responsible for the implementation of the National AIDS programme, which aims to reduce the spread of HIV around the country, improve the quality of life for people living with HIV and their families and ensure wide access to diagnostic and ARV treatment. In its implementation, the Centre targets those communities most at risk of HIV, such as sex workers, men who have sex with men, and women and children. Furthermore, it supports the work of NGOs and funds 22 out of 27 VCT centres around the country. The Special Rapporteur welcomes the work undertaken so far and encourages the Government to further strengthen its engagement by providing additional support for the implementation of such programmes and activities. (Paragraph 77)
The Centre also seeks to raise awareness at the community level regarding HIV and AIDS. It hosts workshops for doctors, nurses, teachers, VCT counsellors and mounts campaigns to promote safe sex, use of condoms and other harm reduction techniques. Education and awareness programmes target people within the 18–35 age group, those who travel, are sexually active, and specifically targets groups most vulnerable to HIV, such as women and children, members of lesbian, gay, bisexual and transgender communities, people using drugs, street workers, etc. This includes the dissemination of appropriate information relating to health, availability of services, and supporting people in making informed choices regarding their health. (Paragraph 78)
Report by the UN Special Rapporteur on trafficking
Joy Ngozi Ezeilo
A/HRC/14/32/Add.3
Country visit: 24 to 29 May 2009
Report published: 1 June 2010
Issues raised:
Illegal adoptions: The Special Rapporteur learned that while there had been cases of illegal adoptions transferred through Poland, there have been no proven cases of illegal adoptions within Poland. (Paragraph 12)
Legal instrument: The Special Rapporteur also notes the absence of a specific provision in the Criminal Code for child victims of trafficking. The only existing provision regarding children and trafficking is in the context of adoption. Article 253, paragraph 2, of the Criminal Code provides that anyone “who, with the purpose of obtaining a material benefit, organizes adoption of children contrary to the provisions of the Act is subject to a sentence of imprisonment for a period of time from three months to five years”. (Paragraph 20)
Cooperation with civil society: The Special Rapporteur observed strong cooperation between the Government and civil society in the area of preventing and combating human trafficking. For instance, certain NGOs serve on the Inter-Ministerial Committee for Combating and Preventing Trafficking in Persons, and other NGOs are clear reference points for law enforcement authorities when they come into contact with victims of trafficking, including children. (Paragraph 74)
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- Special Rapporteur on racism (requested on 09/07/12)