OSCE/ODIHR Final 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 was 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, which was published on 27 January 2016.2
3.
This Final Opinion was prepared in response to the above-mentioned request.
II.
SCOPE OF REVIEW
4.
The scope of this Final 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 Final
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 Final 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 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 Final
Opinion supersedes the Preliminary Opinion and is without prejudice to 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
2
For the purpose of this 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”.
Available at http://www.legislationline.org/documents/id/19895.
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