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August 18, 2008

Solidarity with Georgia in Poland

The conflict in Georgia made Poles show their support for the Georgian people in different ways. Besides concrete actions on the official level, also the public wanted to express solidarity with the Georgian nation.

July 18, 2008

Overcrowding of Polish prisons and standards of humane treatment

The Helsinki Foundation for Human Rights filed an amicus curiae brief concerning the constitutional complaint of Jacek G., a case involving the ability of detention facilities to house prisoners under conditions in which each prisoner has less than 3 sq.m. of living space.  On May 26, 2008, the Constitutional Tribunal found that Article 248 § 1 of the Penal Code, which allows the detention of prisoners under these conditions for an indeterminate length of time, is inconsistent with the right of all citizens to be treated in a humane manner under Articles 40, 41.4, and 2 of the Constitution. (18-JUL-08)

July 16, 2008

Criminal defamation and the freedom of the press

The Helsinki Foundation for Human Rights filed a complaint in the case of Marian Maciejewski, a case concerning the standard of care in defamation law. The disputed article (Article 213 § 2 of the Penal Code) provided that journalists and others could only escape criminal liability for defamation if (1) their allegations were true, and (2) their allegations served a socially legitimate interest.  On May 12, 2008, the Constitutional Tribunal found this understanding of the provision incompatible with Articles 14 and 54 of the Constitution, which protect freedom of the press and freedom of expression.  (16-JUL-08)

July 14, 2008

Medical Ethics and Free Speech

On April 23, 2008, the Constitutional Tribunal held that the section of Article 52 of the Medical Code that prohibits doctors from publicly disparaging one another was incompatible with the freedom of expression and criticism provisions in Article 54 of the Constitution. The Helsinki Foundation for Human Rights filed a complaint on behalf of Zofia Sz. challenging the constitutionality of Article 52 of the Code of Medical Ethics, which provides in relevant part: “Physicians should caution in formulating an opinion about the professional activities of another doctor, and in particular, should not publicly disparage another doctor in any way.” (14-JUL-08) 

June 30, 2008

Anti-discrimination directive EU 2000/78 the Polish way

For nearly two years now the European Commission has been demanding for Republic of Poland to amend the contents of regulations concerning equal treatment implemented in the labor code. This relates to European regulations included in EU Directive 2000/78, which establishes general framework conditions for equal treatment in employment and labor. The European Commission has commenced penal proceedings against Republic of Poland due to this unjustified delay.(30-JUN-08)

June 27, 2008

It is still difficult to have a legal abortion in Poland

Disputes quite regularly break out in the Republic of Poland over the issue of abortion. The Polish society recently carried on a heated discussion after the media publicized the case concerning the refusal to perform an abortion for a fourteen-year-old, who was impregnated as a result of a crime. In such a case Polish law permits an abortion to be performed during the first 12 weeks of pregnancy. As usual Poles were divided over this issue. (27-JUN-08)        

June 13, 2008

Report on the websites of Polish courts

The Helsinki Foundation for Human Rights, the Civil Development Forum Foundation and the research and advisory firm Komitywa.com. have jointly prepared a report on the usefulness of Polish courts’ websites for citizens. The authors of this report write: ‘If someone wishes to see what Poland’s Internet looked like ten years ago, he/she can easily move back in time by browsing through the internet news bulletins of Polish courts’.(13-JUN-08)

June 3, 2008

Thomas Hammarberg in Poland

Length of judicial proceedings, overcrowding in prisons, situation of national minorities, education, domestic violence, women’s rights or freedom of the media – these are only some of the issues that concerned Thomas Hammarberg, Council of Europe Commissioner for Human Rights, who visited Republic of Poland last week.(3-JUN-08)

May 29, 2008

Why do we need sobering-up facilities?

In March of this year a homeless women died in a sobering-up facility in Poznan. The cause of death was most probably due to the use of very strong insecticides inside the facility. There was hardly ever a doctor present on site, although he was supposed to examine the people transported to the facility. Following these events a discussion swept across the Polish press in connection with the need for these types of institutions to exist and operate.(29-MAY-08)