European Commission

On 19 May 2010 Spanish Presidency organized in Saragossa an informal meeting of the EU Member States’ Ministries in charge of antidiscrimination polices. Poland was represented by the Secretary of the State of the Ministry of Labour and Social Policy, Jarosław Duda. The meeting was dedicated to the issues related to the ratification of the Convention on the Rights of Persons with Disabilities (hereinafter: “the Convention”). The Vice – President of the European Commission, Mrs. Viviane Reding, indicated the necessity of the prompt ratification of the Convention with its Convention’s Optional Protocol as well as the Code of Conduct by all Member States.

Significance of the Convention

The Convention is a document that establishes a series of standards referring to the effective protection of civil, political, social, economic and cultural rights, as well as basic freedoms of people with disabilities. It is meant to eliminate in a comprehensive way the discriminatory practices in all possible aspects of life, inter alia relations with private subjects or the access to information.

The Convention is aimed at guaranteeing that every person with certain disabilities will be able to exercise his rights and freedoms freely, equally to other people. The respect for the rights of people with disabilities is a problem which shall be resolved by means of the complex legal regulation which establishes the unified protective standards in various countries.

Ratification process

The Convention together with the Convention’s Optional Protocol was adopted on 13 December 2006. After that, on 30 March 2007, it was opened for the signature. Among the signatories of the Convention there are all member states of the European Union.

Until now 14 EU Member States has ratified the Convention. The additional actions towards the ratification of the Convention are currently conducted by the European Union. On 26 November 2009 the Council adopted the decision which allows the EU to become the party of the Convention. This decision will come into force following the adoption of the Code of conduct concerning the adoption of the common position by the EU and Member States  (in the area of shared competences) in order to represent the EU properly at the meetings of the bodies established under the Convention. As soon as the Code is adopted, the president of the European Council will be able to submit to the United Nations the official document concerning the accession to the Convention. 

The situation is different in case of the Optional Protocol that provides for the introduction of the complaint procedure. It was ratified by 11 member states. However, within the EU there has not been developed any unambiguous opinion on the issue of ratification. In August 2008 the Commission submitted the proposal concerning the acceptation of the adoption of the Protocol, however, this issue has not already been the matter of the discussion in the Parliament.

Situation in Poland

Since the signing of the Convention Poland has not ratified either the Convention nor the Optional Protocol. What is more, in the letter of 21 April 2008 (sign: DAE.IV.6401.93.08.JM) addressed to the Helsinki Foundation for Human Rights the Ministry of Labour and Social Policy informed about their position in this matter. First of all, the Ministry announced to start the review of the national legislation in the second term of the year, in order to point the legal solutions that have to be implemented. However, the results of this action, as well as the time of its conclusion, remain unknown until today. What is more, the Ministry informed that following the conducted analysis of the provision of the Convention’s Optional Protocol, the decision on resigning from the ratification of the Convention’s Optional Protocol has been made.

The Foundation reiterate its appeal

In relation to the above, the Helsinki Foundation for Human Rights filled again a letter to the Prime Minister of 10 March 2008 in which supported the appeal of the European Commission and reiterated its own appeal concerning the necessity to ratify the Convention on the Rights of Persons with Disabilities. The Foundation turned to the Prime Minister to undertake all the necessary steps and actions towards the ratification of the above mentioned Convention.

Explanation of Polish authorities

I response, the Helsinki Foundation for Human Rights received an answer of 18 August 2010 of the Secretary of the State of the Ministry of Labour and Social Policy, Jarosław Duda. The Ministry emphasized that the detailed analysis of the compliance of the Polish legislation with the Convention, which is conducted by the Ministry in cooperation with all competent ministries and institutions is significantly advanced. The studies concerning the majority of the articles of the Convention which contain the provisions of substantive law have been prepared. In November 2010 the prepared documents will be transmitted for the interdepartmental consultations, as a result of which the decision concerning the ratification of the Convention might be made.

Furthermore, the Ministry indicated that the act of ratification of the international agreements is – according to the practice of the Polish government – neither a declaration or a political gesture but it means that Poland takes on specific international as well as national commitments. The execution of these commitments is supervised by international bodies as well as, in the appropriate range, by Polish courts. Therefore, according to the Ministry, it is not possible to make a decision concerning the ratification of the Convention without an examination of the legal, social and economic consequences of the decision. Because of this fact, it is crucial to conduct a detailed analysis and wide consultations prior to the ratification of the Convention.

Ministry about the European Commission’s appeal

The Ministry further explained that the political appeal of the Vice – President of the European Commission, Viviane Reding has been received in Poland with an appropriate interest. The European Union encourages member states to ratify the Convention and supports them while using the measures which are available according to the treaties, Mrs. Reding did it in her appeal. The appeal shall not be interpreted as the summon to the prompt, purely formal ratification of the Convention – it is, most of all, the appeal to ensure, as soon as possible, the absolute execution of the provision of the Convention by the member states, which means the improvement of the situation of people with disabilities  in all aspects. The ratification of the Convention is a formal act that due to the specificity of its provisions will not automatically cause the improvement of the situation of people with disabilities or their actual situation. 

According to the Ministry, the analyses conducted on the European level – in the course of formulating the decision on being bound by the agreement – proved that the EU has limited competences concerning the implementation of the Convention. Therefore, the Member States will be responsible for the execution of the Convention – they will be responsible before the international supervising organs and first of all their societies. Because of this fact, it should be the state’s decision when and how to be bounded by the Convention.

Moreover, the Ministry indicated that the EU, including the European Commission, is authorized to encourage the states to make this decision as soon as possible. Mrs. Reding’s appeal must have been formulated with the awareness of these conditions. Poland is executing the appeal – the actions concerning the adoption of the Convention means that the adjustments of the Polish law to the conditions of the Convention are put in the first place. The Ministry of Labour and Social Policy conducts work on it without any unnecessary delay, which is aimed at changing the Polish legislation, and in consequence, to the earliest possible ratification of the Convention.