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Danger for the protection of life and family - reports to the UN

Published: 17.08.2018

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The UN monitoring bodies examine the Member States' compliance with the international human rights treaties and their implementation. In this context, the Ordo Iuris Institute has submitted three important reports to the United Nations concerning the protection of life and motherhood in Poland, indicating i.a. the inadmissibility of legislation that endangers the lives of unborn children with disabilities and discrimination against mothers dedicating their time to childcare. In addition, an important issue was raised concerning the proposal to ban the "conversion therapy", the implementation of which would violate patients' rights of people who do not accept their homosexual inclinations.


With regard to the ongoing monitoring of the UN member states, including Poland, by the Committee on the Rights of the Child (CRC) and the Committee on the Rights of Persons with Disabilities (CRPD) - the bodies responsible for ensuring compliance with the UN treaties, the Ordo Iuris Institute submitted their recommendations at various stages of the analysis. In recent days, the Office for International Support and Coordination for Sustainable Development in the UN Department of Economic and Social Affairs's has also approved the report by Ordo Iuris experts on the role of the family in the development of communities in urban and rural areas.


In their recommendations, the Institute's experts indicated the areas of research that should be addressed by the CRC when assessing Poland's compliance with the Convention on the Rights of the Child[1] and suggested comments that should be submitted to Poland by the CRPD within the framework of the implementation of the rights and freedoms of persons with disabilities and the respect for these rights and freedoms as set out in the Convention on the Rights of Persons with Disabilities[2].


The main subject which was indicated to the Committees was the existence in the Polish legal system, in violation of binding international treaties and the Constitution of the Republic of Poland, of statutory regulations allowing for the procedure of eugenic abortion in children with only a high probability of severe and irreversible disability or incurable disease threatening their lives. Both under the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities, the procedure of eugenic abortion constitutes a violation of the children's right to life, the principle of equality and the prohibition of discrimination on the grounds of disability," emphasized Karina Walinowicz, Ordo Iuris expert.


Moreover, the recommendations by Ordo Iuris address such issues as removal of children from families for socio-economic reasons, introduction of additional classes in sexual education to schools by municipalities, contrary to their sphere of competence, as well as alarming cases of late abortions performed in Polish hospitals. The Alternative Report to the CRPD also presents in-depth legal analyses of the issues included in the monitoring of Poland. These concerned the problems of the so-called "sexual and reproductive health", the "hatred speech " and the "conversion therapy".


Ordo Iuris also indicated to the UN Commission on the Status of Women the problem of the discrimination against mothers who choose to run a household and take personal care of their children. It concerns such areas as: the support system for childcare up to the age of three years, retirement benefits, tax allowances. Besides, on the basis of research conducted by the CBOS, the negative image of a woman who only takes care of her home and child, still prevailing in the society, was also pointed out. 


Worth noting, furthermore, is the fact that the report "From global to local: promoting sustainable and resilient societies in urban and rural communities (http://undocs.org/E/2018/NGO/9) was presented to a high-level political forum under the auspices of the UN Economic and Social Council. In their position, Ordo Iuris recalled that supporting urban and rural communities should primarily focus on supporting the family as the foundation of all communities and societies. It was highlighted that it is the responsibility of the state to provide stable employment for the family, housing programmes for married couples and families with children, flexible forms of childcare, and to plan new towns and settlements so that they are family-friendly.


The Ordo Iuris reports were supported by a coalition of non-government organisations including i.a.:  European Federation for Life and Human Dignity One of Us, Federation of Catholic Family Associations in Europe FAFCE, Fundacja Centrum Wspierania Inicjatyw dla Życia i Rodziny, Fundacja Jeden z Nas, Fundacja Małych Stópek, Fundacja Pro – prawo do życia, Fundacja Życie i Rodzina, Krajowy Komitet Europejskiej Inicjatywy Obywatelskiej Mama, Tata i Dzieci, Inicjatywa Stop Seksualizacji Naszych Dzieci, Polska Federacja Ruchów Obrony Życia, Stowarzyszenie Rodzice Chronią Dzieci, Vigilare Foundation.
DOWNLOAD ORDO IURIS REPORTS
- Ordo Iuris Alternative Report to CRPD (DOWNLOAD)
- Ordo Iuris Submission to CRC for LoIPR (DOWNLOAD)
- Ordo Iuris Petition to CSW63 (DOWNLOAD)
 


[1] Konwencja o prawach dziecka przyjęta przez Zgromadzenie Ogólne Narodów Zjednoczonych dnia 20 listopada 1989 r. (Dz. U. z 1991 r. Nr 120, poz. 526 z późn. zm.).
[2]Konwencja o prawach osób niepełnosprawnych, sporządzona w Nowym Jorku dnia 13 grudnia 2006 r. (Dz. U. z 2012 r. poz. 1169 z późn. zm.).

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