Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Articles 1(1)(a), 2 and 3(b) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes with regret the absence of information in the Government’s report on any amendments to the legislation in response to its previous request to ensure the inclusion of all grounds of discrimination specified in Article 1(1)(a) of the Convention. It recalls that the national legislation contains an open-ended list of prohibited grounds of discrimination, which leaves the courts with the possibility to interpret this clause in line with the Convention. While the use of an open-ended clause is a positive element that may allow the judiciary to incorporate additional grounds, the Committee observes that, in the absence of explicit jurisprudence or clear interpretative guidance, uncertainty may persist as to the effective coverage of all the Convention grounds in practice. In this regard, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, para. 853). The Committee therefore asks the Government to: (i) ensure that the Labour Code explicitly prohibits discrimination in employment and occupation based on at least all the grounds set out in Article 1(1)(a) of the Convention (while also ensuring that the additional grounds already enumerated are maintained), to avoid any legal uncertainty; (ii) report any court decisions interpreting the open-ended discrimination clause. In the meantime, it asks the Government to indicate how it ensures the practical implementation of prohibition of discrimination based on colour, national extraction, and social origin.

Sexual harassment. The Committee notes with concern that, between 2021 and 2024, a total of 55 complaints involving allegations of sexual harassment were received, of which two were found to be justified, four were deemed unfounded, and in 49 cases the complaints remain under investigation, lack sufficient information, or their outcome cannot be determined. The Committee also observes: (1) the absence of information on any activities planned or undertaken to raise awareness of and prevent sexual harassment among employers, workers and their respective organizations, such as training initiatives or public information campaigns; and (2) that the United Nations (UN) Special Rapporteur on violence against women, its causes and consequences indicated that “59 per cent of female journalists in Poland had suffered sexual harassment at some point in their careers. Although public awareness about violence against women has increased in recent years, there remain harmful stereotypes about sexual harassment, which often result in victims being blamed. Sexual harassment in public spaces is also not sufficiently addressed” (A/HRC/56/48/Add.1, 3 May 2024, par. 29). The Committee requests the Government to intensify its efforts to prevent and address sexual harassment in the workplace, including through sustained awareness-raising and capacity-building activities. It further requests the Government to provide information on any measures adopted for this purpose, as well as on the outcomes of all pending cases of sexual harassment.

Articles 1 to 3. National policy for equality of opportunity and treatment. Race, colour, and national extraction. Roma. The Committee notes the continued implementation of the Programme of Social and Civic Integration of Roma in Poland for 2021–30 (PSCIRP 2021–30), which identifies education as a key factor in the integration of Roma communities. It notes efforts to strengthen post-primary and vocational education to support Roma youth in transitioning to the labour market; initiatives undertaken between 2021 and 2023 to reduce the over-representation of Roma pupils in special schools (currently around 10 per cent) to align the rate of Roman pupils with that of the general student population; the employment of approximately 80 Roma Education Assistants; and the provision of “pro-vocational education” activities benefiting 508 persons. The Committee further observes that the UN Special Rapporteur on violence against women, its causes and consequences acknowledged positive steps in the education initiatives implemented by the Government. She nonetheless remained concern about the tangible impact of such programmes, due to limited available data (A/HRC/56/48/ADD.1, 3 May 2024, para. 34). The Committee requests the Government to continue providing information on the implementation and outcomes of the PSCIRP 2021–30, particularly regarding improved access to education and employment for Roma people, measures taken to combat discrimination and promote equality of opportunity, and disaggregated data to assess the effectiveness of these measures.

The Committee is raising other matters in a request addressed directly to the Government.