OSCE/ODIHR Preliminary Opinion on the Draft Act Amending the Act on the Commissioner for
Human Rights of Poland
I.
INTRODUCTION
1.
On 21 January 2016, the OSCE Office for Democratic Institutions and Human Rights
(hereinafter “OSCE/ODIHR”) received a request from the Commissioner for Human
Rights of Poland (hereinafter “the Commissioner”) to review the Draft Act Amending
the Act on the Commissioner for Human Rights1 of Poland (hereinafter “Draft Act”),
which was presented by a group of deputies on 3 December 2015 (document No. 77).
2.
In view of the urgency of the matter, as a first parliamentary reading is scheduled to
take place on 28 January 2016, OSCE/ODIHR agreed to prepare a Preliminary
Opinion on the compliance of the Draft Act with international human rights standards
and OSCE commitments. This will be followed by a more comprehensive formal
Opinion at a later stage.
3.
This Preliminary Opinion was prepared in response to the above-mentioned request.
II.
SCOPE OF REVIEW
4.
The scope of this Preliminary Opinion covers only the Draft Act submitted for review,
which will also be reviewed within the framework of other provisions of the Act on the
Commissioner for Human Rights, as appropriate and relevant. Thus limited, the Opinion
does not, however, constitute a full and comprehensive review of the entire legal and
institutional framework regulating the protection and promotion of human rights and
fundamental freedoms in Poland.
5.
The Preliminary Opinion raises key issues and provides indications of areas of concern.
In the interest of conciseness, it focuses more on areas that require amendments or
improvements rather than on the positive aspects of the Draft Act. The ensuing
recommendations are based on international and regional standards and practices
governing National Human Rights Institutions (hereinafter “NHRIs”), as well as
relevant OSCE commitments. The Opinion also highlights, as appropriate, good
practices from other OSCE participating States in this field.
6.
This Preliminary Opinion is based on an unofficial English translation of the Draft Act
commissioned by the OSCE/ODIHR, which is attached to this document as an Annex.
Errors from translation may result.
7.
In view of the above, the OSCE/ODIHR would like to make mention that the
Preliminary Opinion is without prejudice to the findings and recommendations
contained in its final Opinion on the Draft Act, as well as any written or oral
recommendations and comments related to the legal and institutional framework on the
protection and promotion of human rights in Poland, that the OSCE/ODIHR may make
in the future.
1
For the purpose of this Preliminary Opinion, the term “Commissioner for Human Rights” will be used to designate the
“Rzecznik Praw Obywatelskich”, which is the term used on the English version of this Institution’s website
https://www.rpo.gov.pl/en, while recognizing that various other English terms have been or are being used to designate
such an entity as well, such as “Human Rights Defender” or “Ombudsperson”.
3