Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for civil society and equal treatment is charged with monitoring discrimination against LGBTI individuals and groups. LGBTI advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTI issues. The ombudsperson also continued to work on LGBTI human rights cases.
On October 8, the ombudsman issued a statement in which he expressed concern regarding growing discrimination, hatred, and verbal and physical aggression against LGBTI persons.
Several pride marches were met with violent protests. On April 13, approximately 400 participants attended the country’s first march of the year in Gniezno, where around 500 counterdemonstrators threw bottles, eggs, and other objects at police and shouted homophobic slogans.
On July 20, there were violent protests against an equality march in the town of Bialystok where participants were attacked by counterdemonstrators who tried to block the march. The counterprotesters verbally abused the participants and threw various objects at them. Minister of Interior and Administration Elzbieta Witek criticized “hooligan behavior that infringes the rights of others” and “hinders the duties of police,” whose job it is to “ensure security regardless of the slogans or beliefs proclaimed by citizens.” On July 23, Prime Minister Morawiecki sharply condemned violence against marchers at the event.
On July 25, Przemyslaw Witkowski, a journalist working for a left-wing periodical, was beaten in Wroclaw after he openly criticized anti-LGBTI graffiti he saw on a wall near one of the city’s bridges. On July 30, police apprehended the perpetrator and charged him with causing damage to health and making threats connected to political affiliation. On November 18, the man was convicted and sentenced to one year in prison and a 5,000 zloty ($1,290) fine. The verdict was subject to appeal.
On September 28, police used water cannons and tear gas to control counterdemonstrations during Lublin’s second annual equality march. Police detained 38 persons who attempted to disrupt the march, including a married couple who brought explosive materials to the march. The man and woman were charged with illegal production and possession of explosive devices and could face up to eight years in prison, if convicted.
Politicians from multiple political parties made statements attacking LGBTI “ideology.” For example, in August PiS party chairman Jaroslaw Kaczynski said the country must defend itself from “the people in our country who want to encroach on our families, our schools, our lives…to take away our culture and freedom…to undermine what is normal.”
During the year more than 30 local governments around the country adopted anti-LGBTI declarations, nonbinding documents that mainly focused on preventing “LGBTI ideology in schools.” LGBTI NGOs pointed out that those resolutions may have a chilling effect on institutions subordinate to local governments and may increase the number of hate crimes. On December 10, the ombudsman filed five suits with provincial administrative courts against some of the local governments that had adopted anti-LGBTI declarations, arguing the declarations discriminated against LGBTI persons and violated their human rights.