Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

Further to its observation, the Committee requests the Government to provide information on the following points.

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that the Labour Code defines sexual harassment as non-accepted behaviour of sexual character or referring to the sex of the employee, whose aim or effect is to infringe the dignity of or humiliate the employee. The definition covers verbal, non-verbal and physical acts, as well as quid pro quo and hostile environment harassment. The Committee also notes that victims of sexual harassment may also file criminal charges under section 199 of the Penal Code (sexual abuse) which provides that whoever, by abusing the relation of dependence or by taking advantage of a critical situation, subjects a person to sexual intercourse or makes him/her submit to another sexual act or to perform such an act, shall be subject to a penalty of deprivation of liberty of up to three years. The Committee requests the Government to provide information on the application and enforcement of the legal provision on sexual harassment by the labour inspectors and the courts.

2. With regard to the requirement that the media must "respect the public’s religious sensitivities and, in particular, the system of Christian values" laid down in section 18(2) of the Act of 29 December 1992 on radio and television, under penalty of a heavy fine and the possible non-renewal or withdrawal of their licence, the Committee once again requests the Government to specify the sanctions that would apply individually to journalists employed by the media if they violated the above legislative obligation. The Committee hopes that this information will be provided in the Government’s next report.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report under Convention No. 100 that the Government adopted on 19 August 2003 a National Plan of Action for Women which contains a chapter on the economic activity of women. The Plan of Action envisages activities aiming at promoting and protecting women’s right to equality of opportunity and treatment. The Committee requests the Government to provide information on the concrete measures taken to implement the National Plan of Action, and their impact on the position of men and women in the labour market. Please provide statistical information on the participation of men and women according to sector, occupation and level of responsibility, and other information indicating progress made with regard to achieving gender equality in the world of work.

4. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes from the Government’s fifth periodic report under the International Covenant on Civil and Political Rights (CCPR/C/POL/2004/5, 26 January 2004, paragraph 434) that the 2002 National Population and Housing Census included two questions related to nationality: what nationality a given person felt she or he belonged to and what language was most frequently used at home. The Government is requested to provide information on the employment situation of persons belonging to non-Polish nationalities such as German, Belarusian, Ukrainian, Roma, Lemka or other.

5. Equality of opportunity and treatment on the ground of disability. The Committee thanks the Government for providing information in reply to its previous observation regarding the access of disabled persons to public employment. It notes in particular the quota for the employment of disabled persons is being progressively increased to 6 per cent by 2008. The Committee also notes that, under the target programme "Disabled persons in the public service", a total of 786 persons found employment in 2003. The Committee would appreciate receiving information on the measures taken to promote equal access to employment of persons living with disabilities.