Analysis provided by: Dominika Skubida, ODIHR Legal Expert.

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The right to the equal treatment by public authorities and the prohibition of discrimination for any political, economic and social reason is granted by Polish Constitution of 1997 (Article 32 (1) (2)). Additionally, Article 33(1) of the Constitution guarantees equal rights for men and women and also adds family life to the above-mentioned fields of life protected by the non-discrimination provision principle. As stipulated women and men have equal rights in particular to education, employment and promotion, equal remuneration for work of the same value and social security, as well as to hold office, perform public functions and receive honors and decorations. The Constitution itself doesn't define the concept of discrimination; however, it has been defined in practice by rulings of theConstitutional Court. Furthermore, definition of discrimination as such is provided by international conventions ratified by Poland that are applicable directly. While the difference between direct and indirect discrimination in terms of the principle of equal rights between men and women is provided by the Labour Code in its Article 11(3).

Apart from the general discrimination clause the Polish Constitution contains other guarantees for protection of equal rights for specific groups, including the guarantee of equal rights for men and women.

Currently, Poland is in the process of developing anti-discrimination law. However, so far the legislative practice in this respect in Poland is to include anti-discrimination clauses within the scope of other laws.

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