COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES EXAMINES THE INITIAL REPORT OF POLAND
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of Poland on measures taken to implement the Convention on the Rights of Persons with Disabilities.
Krzysztof Michałkiewicz, Secretary of State at the Ministry of Family, Labour and Social Policy of Poland, Government Plenipotentiary for Persons with Disability, introducing the report, said that the current systems of assessment of disability and incapacity for work were being integrated into one system, while the Strategy for Persons with Disabilities 2018-2030 was being finalized and would create a comprehensive national policy framework for persons with disabilities. The family was the centre of the Polish policy; the 2016 programme of comprehensive support to families “For Life” defined the framework for a full social integration of persons with disabilities and the provision of psychological, social and economic support to their families. A large-scale deinstitutionalization process was ongoing, accompanied by the development of a network of “sheltered flats”, day-care support centres and community self-help homes for persons with mental disorders.
Sylwia Spurek, Deputy Commissioner for Human Rights of Poland, said that many persons with disabilities in Poland were left behind and were still not fully enjoying their human rights. The concept of legal incapacitation remained, leaving legally incapacitated persons with disabilities unable to exercise their right to vote, become a member of a political party or organize assemblies, or marry or exercise parental responsibility with respect to their children.
In the discussion that followed, Committee Experts commended the recent adoption of the Accessibility Plus Programme 2018-2025, urging Poland to ensure it was fully funded. The adoption of the new law on higher education was also welcome, however, the recent amendments to the electoral law had further restricted the right of persons with disabilities to vote. The definition of disability and the disability assessment mechanism were not aligned with a human rights-based model of disability. Many concerns remained about the situation of women with disabilities who were disproportionately at risk of gender-based violence and other forms of violence, and experienced significant barriers to exercising their sexual and reproductive rights. The Experts stressed in particular the situation of 90,000 persons who were fully or partially deprived of their legal capacity due to their psycho-social or intellectual disabilities, and who were mostly placed in institutions.
In concluding remarks, Mr. Michałkiewicz stressed that the positive changes realized by the Government of Poland aimed to guarantee that persons with disabilities lived a dignified life and contributed to development.
Jonas Ruskus, Committee Rapporteur for Poland, urged Poland to shift from a charity and social protection approach to a human rights-based model of disability, and provide for non-discrimination and the full social participation and inclusion of all persons with disabilities.
Theresia Degener, Committee Chairperson, reiterated the high level of expectations that the Committee had for the work to be done in Poland.
The delegation of Poland was composed of the representatives of the Ministry of Family, Labour and Social Policy, Ministry of National Education, Ministry of Infrastructure, Ministry of Investment and Development, Ministry of Justice, Office for Foreigners, Ministry of the Interior and Administration, Ministry of Health, Chancellery of the Prime Minister, National Election Bureau, and the Permanent Mission of Poland to the United Nations Office at Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. The webcast of the Committee’s public meetings will be available via the following link: http://webtv.un.org/meetings-events/.
The Committee will next meet in public on Monday, 10 September at 3 p.m. to start its consideration of the initial report of the former Yugoslav Republic of Macedonia (CRPD/C/MKD/1).
Report
The Committee is considering the initial report of Poland (CRPD/C/POL/1).
Presentation of the Report
KRZYSZTOF MICHAŁKIEWICZ, Secretary of State at the Ministry of Family, Labour and Social Policy of Poland, Government Plenipotentiary for Persons with Disability, introducing the report, said that the support and integration of persons with disabilities and members of their families were among the Government’s priorities, and stressed that all actions were taken after consultations with persons with disabilities and their organizations. There was a regular dialogue with the National Consultative Council for Disabled People and the Polish Council of Sign Language. Important initiatives had been undertaken in recent years, including in the area of family policy, education, and architectural and digital accessibility and mobility. Poland was working on changing the disability assessment system and integrating the current systems of assessment of disability and incapacity for work into one system, as called for by persons with disabilities for many years now. The Strategy for Persons with Disabilities 2018-2030 was being finalized; it would establish a comprehensive national policy framework for persons with disabilities, and would substantially change the scale and quality of the participation of persons with disabilities in social and professional life.
The family, continued Mr. Michałkiewicz, was the centre of Polish policy, as demonstrated by the programme of comprehensive support to families “For Life” adopted in December 2016, which defined the framework for a full social integration of persons with disabilities and the provision of psychological, social and economic support to their families. Each year, Poland allocated US$162 million for the implementation of this programme. An important aspect of the National Housing Programme 2016 was the elimination of barriers that prevented persons with disabilities from leading an independent life. The Programme provided for more favourable treatment of families with children with disabilities in access to housing and imposed the obligation to build accessible flats. Poland was carrying out a large-scale deinstitutionalization process, with financial and content-related support from the European Union. A network of sheltered flats was being developed, which would provide conditions for persons with disabilities to lead an independent life and maintain social contacts. A network of day-care support centres and community self-help homes for persons with mental disorders was being created. A pilot programme of community psychiatry had started in July 2018 to shift from the model of isolating persons with mental disorders in psychiatric hospitals to community-based psychiatric care.
Improvement of the accessibility of public spaces, products and services was another main area of action, stressed Mr. Michałkiewicz, noting that the objective of the Friendly Poland – Accessibility Plus Programme adopted in July 2018 was to create the conditions for independent living and improving the quality of life. It would target areas such as architecture, transport, education, medical care, digitalization and services, and special emphasis would be placed on investments in new technologies. The foundation of the Programme was the integrated approach: all measures would take into account the needs of persons with disabilities and the impact analysis of acts would be mandatory. Efforts were being made to ensure access to justice for persons with disabilities, including through increasing accessibility to courts, conducting court hearings by videoconference, mandatory assistance of the court customer service to petitioners with special needs, and free of charge assistance of a sign language interpreter or guide interpreter. Poland firmly believed that the place of children with disabilities was in school with their peers, and this was guaranteed by the Act on education which provided flexible solutions in organizing the education process. The choice of the form of education belonged to parents and students of legal age. Inclusive education centres would be created with the Accessibility Plus Programme, and would provide counselling for teachers and parents, organize classes including revalidation classes, and facilitate the rental of equipment and educational materials adapted to the needs of children with disabilities.
Questions from the Experts
JONAS RUSKUS, Committee Rapporteur for Poland, said that in ratifying the Convention Poland had expressed interest to domesticate human rights standards in its legislation, and commended Poland for the recent adoption of the Accessibility Plus Programme 2018-2025, urging Poland to ensure it was fully funded. The Rapporteur welcomed the adoption of the new law on higher education, but was disappointed by the recent amendments to the electoral law which had further restricted the right of persons with disabilities to vote. The Committee, the Rapporteur continued, was also concerned that the definition of disability and the disability assessment mechanism were not aligned with a human rights-based model of disability. Many concerns remained about the situation of women with disabilities who were disproportionately at risk of gender-based violence and other forms of violence and experienced significant barriers to exercising their sexual and reproductive rights. The Rapporteur stressed in particular the situation of 90,000 persons who were fully or partially deprived of their legal capacity due to their psycho-social or intellectual disabilities, and who were mostly placed in institutions.
Finally, the Rapporteur urged Poland, a member of the Council of Europe, to oppose – like Portugal had already done – the draft additional protocol to the Council of Europe Convention for the Protection of Human Rights and Dignity of the Human Being, which conflicted with the Convention on the Rights of Persons with Disabilities as it legitimized the use of force and arbitrary deprivation of liberty, contained stigmatizing language when referring to persons with intellectual disabilities, and breached the right to non-discrimination.
Other Committee Experts asked how persons with disabilities and their representative organizations were involved in the preparation of the Strategy for Persons with Disabilities 2018-2030, their involvement in the awareness raising campaign on the rights of persons with disabilities, and how the benefits of growth were directed towards persons with disabilities and whether Poland could demonstrate that it used the most available resources for the benefit of persons with disabilities?
Several Experts expressed concern about the situation of women with disabilities who continued to be exposed to discrimination, poverty, abuse and violence, and asked about specific measures adopted for their protection. How were they protected from multiple and intersecting forms of discrimination, including on the grounds of sexual orientation and gender identity? How could women with disabilities access reproductive health services and care and what was being done to increase their economic empowerment?
An Expert raised the question of non-discrimination and asked whether the denial of reasonable accommodation was considered a prohibited ground for discrimination, as prescribed by the Convention. What measures were in place to combat multiple and intersecting forms of discrimination against persons with disabilities?
With regard to accessibility, the delegation was asked to inform on the details of the Accessibility Plus Programme, particularly in terms of mandatory monitoring, involvement of persons with disabilities and their representative organizations, and sanctions for the violators. What plans were in place to refurbish and make accessible the existing trains, buses, and ramps?
What measures were being taken to end the isolation of children with disabilities, and promote their self-expression and dignity?
THERESIA DEGENER, Committee Chairperson, asked whether representative organizations of persons with disabilities were involved in the ongoing integration of the disability assessment system and whether it recognized the human rights-based model of disability. The Chair stressed that measures aimed at preventing disability via prenatal diagnosis or prevention of traffic accidents were not measures to implement the Convention on the Rights of Persons with Disabilities and urged Poland to refrain from including such information in its reports to the Committee.
JONAS RUSKUS, Committee Rapporteur for Poland, asked about the steps taken to prosecute hatred, including prejudice and hate speech on the grounds of disability and sexual orientation.
Responses by the Delegation
The delegation said that on 15 June, the correction of the translation of two articles of the Convention had been published in the Law Journal. The error in the translation had been brought to the Government’s attention by non-governmental organizations. The Government had broadly consulted with non-governmental organizations on the Convention even before the ratification, and had also consulted them on the translation of the text.
There were no plans at the moment to sign the Optional Protocol, mainly because there had been too few complaints that the Committee had handled to date, which meant that the grounds were not sufficiently broad to allow for the analysis of the direction of the Committee’s decisions.
The Strategy for Persons with Disabilities 2018-2030 was being drafted and would cover all areas concerning the functioning of disabled persons, and it was in line with the Convention. The Government had consulted on the draft with the National Consultative Council, whose 20 members were representatives of non-governmental organizations, and with the Polish Council of Sign Language. The consultations were now ongoing with non-member non-governmental organizations, and all the proposals to be received from non-governmental organizations would be included in the Strategy.
With regard to funding for persons with disabilities, the delegation said that the budget of the For Life Programme 2017-2021 would be three 3 billion zloty, and 1.3 billon had been allocated for the Family Plus Programme, which supported 220,000 families. The size of the social pension had been increased as of January 2018 and was not more than 1,000 zloty per person, and caregiver benefits had been increased as well. The Solidarity Fund to support persons with disabilities would be launched in January 2019 with the budget of almost 2 billion zloty.
There were currently several disability assessment systems, with the broadest being the one for addressing the degree of disability, and which concerned both adults and children. There was also a system which assessed the capacity for work. It was important to integrate those systems, stressed the delegation.
Turning to the framework for protection from discrimination, the delegation said that the Constitution provided for equality before the law and prohibited discrimination in political, social or economic life. The equality principle and a ban on discrimination had a constitutional rank which meant that everyone subject to unequal treatment or discrimination had the right to use constitutional protection. Poland also applied European Union directives on equal treatment and protection from discrimination on the ground of race, ethnicity, sexual orientation, and other grounds. The Polish law was a holistic system which guaranteed the equality and dignity of all people. Women and girls belonging to minorities enjoyed equal protection with others. The Labour Law prohibited any discrimination in employment, especially on the grounds of disability.
A delegate stressed that abuse and violence against women with disabilities was prohibited under the Criminal Code, which considered age, disability or gender of a victim as an aggravating factor. The offense of abuse or ill-treatment of a disabled person or an elderly had been introduced by the new Code of Criminal Procedure which had entered into force in 2017. A person harmed by hate speech concerning sexual orientation was protected under the Criminal Code which penalized any discriminating action.
At the moment, Poland was not planning to remove reservations to article 23 and the interpretative declaration of article 12, as it was not possible without an amendment to the law and the concept of legal incapacitation which was still present in the civil law. The Ministry of Justice was currently conducting conceptual work on incapacitation and had received authorization to start legislative work on putting those concepts into a normative form. Thus, it could be reasonably expected that in the near future, the Polish law would be adapted to the provisions of article 23 and article 12 of the Convention.
Another delegate added that the reservations to article 23(1) and article 25 paragraph B had been entered because of interpretative issues and as the Convention could be interpreted as having the right to unconditional abortion. In order to avoid any pressure on Poland with regard to the abortion law, there was no ongoing work at the moment on the withdrawal of this reservation.
The issue of reproductive health was of a great importance to Poland, and the Government strove to ensure that persons with disabilities were treated equally as any other citizens, thus reproductive health measures applied to everyone. The 2016-2021 health policy was a comprehensive programme for the protection of reproductive health, and it would see an increase of funding for, inter alia, infertility issues, by 100 million zloty.
Poland was fighting violence within the family with all determination. All activities in the domain were conducted under the special act on countering violence within the family and the national programme to counter family violence. The activities were being conducted by government units at every level, and consisted of providing advice and consultation, medical support, emergency intervention and shelter. All aid to victims of family violence was provided free of charge, while there was a special procedure on diagnosing family violence called the Blue Card Procedure, which defined the obligation of cooperation between providers of all types of services needed by the victims. The police had adopted procedures to avoid that victims of sexual violence were re-traumatized during questioning.
A delegate pointed out that today, children under the age of 10 were not placed in care facilities, while older children who were placed in a facility were those who required medical attention or had difficulty in adjusting to a life in a family situation. Starting in January 2021, all care facilities would start to follow the 14-person standard, meaning that a maximum of 14 children would be able to stay in any given facility. At the same time, it was important to note that Poland was actively working on developing family forms of foster care and professionalization of foster families and parents.
The Accessibility Plus Programme would be implemented through more than 44 concrete projects. For each measure, a Governmental coordinator had been appointed as were cooperating institutions, local governments, non-governmental organizations and others. The budget amounted to over 23 billion zloty, and the financing was largely provided by the European Union Structural Funds.
First and foremost, the programme would aim to create a new institutional and legal framework for the development of accessibility standards. The aim was to develop a law on accessibility by the end of the year; it would implement an obligation of accessibility of public services, programmes, information activities, and would apply to offices, public bodies, libraries, community facilities, and all other facilities that aimed to provide public goods and were using public money. The law would also provide for sanctions for non-compliance with accessibility standards. Furthermore, an Accessibility Council would be created as an advisory body on standards of accessibility and to monitor the implementation of the Convention.
All measures funded from European Union funds concerning vocational training, education, preschool learning, lifelong learning, and social inclusion measures must provide reasonable accommodation under the pain of financial sanctions.
Questions from the Experts
In the next round of questions, a Committee Expert congratulated Poland on improving the situation of persons with disabilities and especially the recent study into the reform of civil law concerning legal capacity. What was the timeframe for the removal of barriers to the full legal capacity of persons with disabilities and bringing the law in line with the provisions of the Convention? Were persons with limited legal capacity able to stand trial and if so, what reasonable accommodation measures had been adopted to grant them a fair trial? Poland had the so-called “sheltered homes or flats”, the Expert noted and asked whether this form of residential arrangement was interpreted in line with the process of deinstitutionalization, considering that in some, persons with disabilities did not have a choice of accommodation.
The delegation was asked to inform on the number of persons with disabilities with limited legal capacity.
What had been done to implement procedural accommodation and age adapted procedures in judicial proceedings and so support access of persons with disabilities to justice? What fundamental safeguards were in place to protect the rights and fundamental freedoms of persons with disabilities in the criminal justice system?
Were there legislative provisions in place that allowed for medical intervention on persons with disabilities without their consent?
THERESIA DEGENER, Committee Chairperson, stressed that the Committee considered that legal capacity encompassed both a right and an agency, or being a right holder. Was Poland willing to follow the example of Peru which, following the Committee’s recommendations, had completely abolished guardianship? Would Poland oppose the Oviedo Protocol which would allow forced treatment in the area of mental health care?
An Expert asked whether the Polish concept of independent living within a community was fully in line with its interpretation offered by the general comment N°5, which confirmed the right of persons with disabilities to freely decide where to live and with whom. Poland seemed to be using the potential offered by the European Structural Funds, the Expert noted, and asked whether a plan was in place to continue to support independent living in a community for all persons with disabilities.
Other Experts asked about the monitoring of violence in care institutions and special schools for children with disabilities, and what complaint mechanism was available to them. What were the intentions concerning the implementation of the emergency notification system accessible to persons with disabilities?
JONAS RUSKUS, Committee Rapporteur for Poland, requested information on measures to ensure that police stations were accessible and whether the legal provisions allowing for the involuntary treatment of persons with disabilities and their placement in institutions would be replaced.
Statement by the National Human Rights Institution of Poland
SYLWIA SPUREK, Deputy Commissioner for Human Rights of Poland, said that today, many persons with disabilities in Poland were left behind and did not feel solidarity from the Government, thus there was a significant field for improvement. Persons with disabilities were still not fully enjoying their human rights, and the adoption of a comprehensive national strategy for implementing the Convention remained to be done. Legal remedies against discrimination on the grounds of disability lacked effectiveness and the Criminal Code failed to recognize hate crime towards persons with disabilities as a specific offence. Poland had not yet replaced legal incapacitation with a system of supported decision-making, leaving legally incapacitated persons with disabilities unable to exercise their right to vote, become a member of a political party or organize assemblies, or marry or exercise parental responsibility with respect to their children. The Commission identified the problem of multiple discrimination of persons with disabilities, while domestic violence against women with disabilities was not being properly addressed.
Responses by the Delegation
Discussing the meaning and role of legal incapacitation in the Polish law, the delegation explained that it provided for two kinds of incapacitation, total and impartial. Decisions about incapacitation were taken very seriously and were made by the highest courts in Poland. The court decided the extent of incapacitation; the consequent loss of enjoyment of inherent rights was made up for by appointing a curator to the disabled person. An incapacitated person could act independently and the scope of their incapacitation relied solely on the court’s decision. Court-appointed curators had an obligation to submit reports on the disabled person’s activities to the court. Appointing the curator was meant to help the person with daily life, personal life, keeping their apartment clean, helping with personal hygiene and other functions.
Incapacitated people were guaranteed full access to trial proceedings, while non-governmental organizations were also invited to join in the trials. In the course of proceedings, incapacitated persons could challenge decisions and could appeal decisions with just a signature. Courts could also appoint an ex officio legal counsel to that person. Incapacitated persons had the right to oppose medical procedures, even if their legal representative agreed to them. Currently, 74,000 people were incapacitated to some degree.
Another delegate discussed provisions that regulated access to justice and courts for persons with disabilities and explained that service desks had been installed at entrances to court buildings. Online access to court cases - also available in sign language - was provided free of charge, and sign language interpreting was available through online video conferencing. Some courts had websites adapted for those with visual impairments and senior citizens as well. In situations where a court was not adapted for disabled citizens, hearings were conducted on the ground level of the building. There was free legal aid and legal rules that regulated pre-trial decisions, and a release of court fees was available for those unable to bear court costs. Attorneys could be appointed for a person unable to afford one. Court-appointed attorneys were appointed bearing in mind their defendant’s disability, whether it be vision, hearing or other impairment.
There was no available data on the number of judges with disabilities, the delegation continued and stressed that the law did not prevent anyone, including a disabled person, from participating in the courts, as long as their disability did not prevent the appropriate discharge of functions.
Before being admitted to a penitentiary centre, persons with disabilities underwent a medical exam to decide their needs and how those needs could be met during incarceration. Some cells were even adapted for people who used crutches or wheelchairs, and there were accessible bathrooms as well.
A delegate said that emergency and evacuation procedures were aimed at the quick and safe evacuation of persons with disabilities. Buildings’ evacuation plans took into account the number of persons with disabilities and the type of disability. Fire alarms had visual as well as auditory signals. State fire brigades paid special attention to persons with disabilities, who were also routinely included in civil defence plans. A mobile application enabling access to persons with disabilities to an emergency number was being developed; one of its features would be the use of pictures rather than voice command to enable accessibility for those with hearing impairments.
The police force was actively involved in preventing violence in schools, with measures aimed at teachers, parents and students. Persons with disabilities were included in the programme’s development.
Polish law provided accommodation for people with disabilities to drive, such as translating exam questions into sign language free of charge. A new law, to enter into force in October, would allow those with hearing impairments to obtain a driver’s license for regular cars, but not for buses, and drivers with disabilities would be allowed to take the practical exams in their own vehicles, adapted to their needs. The National Centre for Mobility of Persons with Disabilities would create driving guidelines, recommend the degree of the adaptation for vehicles, and would have a fleet of adapted vehicles to be used for training and testing of drivers with disabilities.
The housing strategy contained clear objectives concerning persons with disabilities, including the so-called “sheltered homes”, and other projects which targeted different categories of persons with disabilities. The priority was to provide support to people in their own homes, with care institutions being used as a last resort. By the end of 2017, 23 community self-help homes had been opened and 75 new places for people with mental handicaps had been created.
The delegation stressed that according to the law, everyone had the right to receive comprehensive information concerning medical procedure, and to consent to it. Minors under the age of 16 had the right to consent to an examination or give their consent via a caregiver or guardian. As far as conversion therapy was concerned, the delegation stressed that the Ministry of Health acted according to international health standards, which were clear about the approach in treating something that was not an illness, which would include sexual orientation. The public healthcare system in Poland was not in the habit of practicing such therapies as it was contradictory to international law and to their knowledge, there was no data concerning the frequency of conversion therapy.
The education system was committed to raising children with certain values, thus it defined their upbringing through physical, spiritual, mental and intellectual maturity. In that vein, secure learning conditions were being provided as part of a programme called Safe School Plus. There was psychological and pedagogical help provided to children as well as measures and activities addressing aggression at the school.
Questions from the Experts
An Expert reiterated a question concerning the ability of persons with disabilities to have public information easily read and accessible. Also, how were people in group homes provided with proper care?
Another Expert asked what the time frame was to increase legal requirements to provide broadcasting. Did news programmes cater to the needs of persons with disabilities? What was the monitoring procedure for privacy concerning persons with disabilities? Also, parents of children with disabilities could decide where that child could learn but if a school did not accept that child, what were the rights of the parents? Life-long learning was also an important issue. If private entities were the only institutions granting this, how would this be made available for persons with disabilities?
An Expert asked why the employment rate of persons with disabilities in Poland was only 25 per cent when other regions of Europe were upwards of 60 per cent? Were employment policies open, fair and in line with international standards? Special subsidies were applied to companies that employed persons with disabilities, sometimes 30 per cent. Could the State party expand on that? What efforts were being made to ensure that persons with disabilities were involved in the monitoring of the implementation of the Convention?
Was the State party collecting disaggregated data on the poverty levels of persons with disabilities and were social security mechanisms designed for combatting poverty? Had the State party ensured accessibility to polling stations and voting procedures? For people who could not go to polling stations, how did the State engage persons with disabilities to participate in public life?
Were women with disabilities in Poland given access to family planning, gynaecological health centres, supported parenthood or access to safe abortion? Poland was a country with one of the severest laws against abortion. How was the use of European Funds for deinstitutionalization monitored? There was concern that the funds were not being used in the correct way. The Expert reminded that good intentions were often the reasons behind discrimination and institutionalized and legal incapacitation, with legal incapacitation being an inherent violation of human rights.
An Expert then urged the Government of Poland to take initiatives to ensure that their directives were in line with the Convention on the Rights of Persons with Disabilities. Reimbursement provided by the Polish Government was insufficient for people with spinal cord injuries to pay for high quality catheters, they were available but too expensive. So it would seem that people with spinal cord injuries had fewer rights based on their disability. How could the State respond to that?
What was the current state of the Sign Language Act to draw a clearer picture of the current state of the rights of deaf persons in Poland?
Responses by the Delegation
Concerning the employment of persons with disabilities, and the ratios, based on the labour force survey, the number had been growing from 22.5 per cent in 2015 to 26.3 per cent. Subsidised employment comprised some 56 per cent in the open labour market. Every person with a disability had the right to work in the open labour market. If a business had a low quota of disabled people and one of the top candidates for a job was disabled, they should give that person preference for the job.
When an employer wished to employ a disabled individual, they could use a subsidy for remuneration and could have reimbursements for the adaptation of a workstation to help their employee adapt to their new desk. A state labour inspector or other institutions monitored irregularities in unemployment.
Responding to a question concerning the poverty rate among disabled people in Poland, a delegate responded that the rate was around nine per cent.
Concerning people with hearing impairments, sign language had been implemented in the public administration, medical facilities as well as fire brigades. Sign language had also been developed for use in other communication methods via the Internet.
Poland was currently finalizing the implementation of the directive on accessibility of websites. The directive would become part of the law. The directive concerned the public and private sector as well as telecommunications, alert systems, visual services, and availability of information and passenger transport systems in terms of purchasing tickets, online checking and many other services.
A delegate thanked Committee Experts for appreciating Poland’s work in negotiating the European Accessibility Act. The State had submitted numerous comments to the draft and demanded the easy language requirement to be included, which was opposed by many Member States.
An Act was adopted in Poland that established a threshold for broadcasting times concerning accessibility. Accessibility meant sound as well as visual communications channels, so availability for blind as well as deaf people needed to be met. The kinds of programmes and hours during the day in which the accessible time had to be calculated would become a priority.
Following up on questions concerning international cooperation, funds used were based on European Union law, which had a separate envelope of international cooperation and applied to public institutions and non-governmental organizations, non-public institutions and interested businesses as well. There was a partnership with universities in Germany and Lithuania to educate rehabilitation managers, for example.
Poland signed the Marrakech Treaty on Facilitating Access to Published Works for the Blind, Visually Impaired or Other Disabled in 2014, with the regulation directly applicable in the State. An amendment on the act on the protection of copyright was being carried out currently in the Council of Ministers and solutions would be extended to ensure that people with disabilities were accommodated.
Turning to Internet voting, a delegate said that the issue was not currently of great concern in Poland, mostly due to the fact that voting via the Internet raised questions of security and transparency. It would require higher levels of Internet safety and then the issue could be revisited.
Moving on, a delegate said that voting rights for persons with disabilities could be divided into categories in Poland with one concerning information disseminated about elections, which was provided to the disabled before the election, and the other concerning polling stations that were adapted to the needs of voters with disabilities. Information about candidates was provided by municipalities directly to voters and was supposed to be published in braille. The state electoral Committee also included on its website materials that had been translated into Polish sign language. Votes by proxy were also possible.
Another delegate, responding to issues about access to the safe termination of pregnancy, said that Poland’s reservation concerned the possibility of the State party to decide on the conditions of termination of pregnancy. The act on family planning regulated the rules concerning the termination of a pregnancy, including the provision of safe conditions for the termination of a pregnancy.
Turning to rehabilitation, it was a difficult issue to address as new measures had recently been initiated; an evaluation would be difficult, given the recent introduction of those programmes. At present, rehabilitation was considered a continuation of treatment and increased medical technologies would be put in place.
Concerning schools and a parent’s right to choose, a school director could not refuse education to a disabled student if that school was within the vicinity of the student’s residency. Children with disabilities had priority for admission to preschool.
Turning to bilingualism, it was mentioned that the universality of bilingual communication was of little concern because the number of students that needed sign language was decreasing every year due to early detection of hearing impairment, screening of new born babies, prosthetics and therapy at an early age.
The Ministry of Education was also working on implementing quality inclusive education to all students, not just students with educational needs but also to students with disabilities and with education needs resulting from other causes.
Concluding Remarks
KRZYSZTOF MICHAŁKIEWICZ, Secretary of State at the Ministry of Family, Labour and Social Policy of Poland, Government Plenipotentiary for Persons with Disability, thanked the Committee for the dialogue. He thanked the disabled of Poland and their organizations for working with the Government on those important issues. The positive changes realized by the government were made to guarantee the dignified living of persons with disabilities and contribute to their development.
Jonas Ruskus, Country Rapporteur, thanked the delegation of Poland for their participation. He asked that the State ensure the shift from a charity and social protection approach to a human rights-based model to provide for non-discrimination and quality measures for the full social participation and inclusion of all persons with disabilities. He also called on the State party to withdraw all reservations and to adopt the Optional Protocol to the Convention.
Theresia Degener, Committee Chairperson, thanked the country rapporteur and delegation and reiterated the high level of expectations the Committee had for the work to be done in Poland.
For use of the information media; not an official record
CRPD18/017E