A report on “discrimination based on sexual orientation and gender identity” in Poland by a UN “independent expert”

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• The UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity has published a statement summarizing his country visit to Poland.

• The purpose of the visit, undertaken at the invitation of the Polish government, was to identify the gaps in the protection against discrimination and suggest best practices for the government to eliminate all cases of violence and discrimination based on sexual orientation and gender identity.

• The document raises questions about alleged harassment and persecution directed at LGBT people during the governments of the Law and Justice-led United Right coalition (2015-2023), as well as actions taken by the current ruling coalition.

• The UN expert also reports on local government Family Rights Charters, some of which he believes “imposed discriminatory restrictions with material consequence, including limiting access to local government funding for LGBT groups or activities focused on protection of the human rights of LGBT persons.”

• The full report—a detailed counterpart to the public statement, including observations, conclusions, and recommendations for the Polish government—will be presented to the UN Human Rights Council in June this year.

• The document raises numerous questions about the impartiality of its author.

The United Nations Human Rights Council (UNHRC) is a subsidiary body of the UN General Assembly, established in 2006 to promote “universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.”

Among its members are many countries that are not known for their respect for different sexual orientations and “gender identities.”

Nonetheless, in 2016, pursuant to resolution A/HRC/32/2(2016) The Council established the mandate of the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. This development was a result of the recognition that, in all regions of the world, “violence and discrimination based on sexual orientation and gender identity “are widespread and systemic, and are not adequately addressed. As part of its activities of investigating, monitoring, advising, and publicly reporting on human-rights violations based on “sexual orientation and gender identity,” the independent expert is authorized, among other things, to conduct so-called “country visits.” The purpose of the country visits is to identify gaps in protection against discrimination and to suggest best practices to the government to eliminate all cases of violence and discrimination. One such visit to Poland occurred in late November 2024. This resulted in  a statement in which Graeme Reid, who holds the mandate of UN Independent Expert on Protection from Violence and Discrimination on the basis of Sexual Orientation and Gender Identity, outlines the status of cases falling under his mandate in Poland.

The purpose of the visit was to assess the implementation of both national and international human-rights standards with regard to protection from violence and discrimination based on sexual orientation and gender identity. As part of the research, the “independent expert” met with representatives of the Polish government, local government representatives, and civil society organizations. “I had the immense privilege of meeting with many lesbian, gay, bisexual, trans, and other gender-diverse (LGBT) persons and representatives of civil society groups, including women’s rights advocates, who provided me with detailed accounts of recent history, the current context, and future prospects in Poland with regard to rights protections based on sexual orientation and gender identity, by generously sharing both firsthand experiences and insightful analysis,” the statement reads (para. 3).

The “independent expert” notes the words of Justice Minister Adam Bodnar, who in December 2023 publicly apologized to “LGBT people for the way in which they had been previously maligned by State actors and public media.” As Reid declares, “According to interviewees, this apology marked a watershed moment, signaling a break with the recent past and ushering in a new period in which there was a definitive decline in inflammatory public discourse, increased access to government officials for civil society groups, and the promise of much-needed legislative reform” (para. 8). The “independent expert” notes that Poland has admittedly seen a “radical change” in its approach to LGBT rights and a shift away from hostile rhetoric directed against the group. The problem, in his view, is that it still lags behind in terms of legal protection, ranking last among European Union countries.

Reid then reports on the work of the current Polish government, detailing proposals to include “sexual orientation” in the provisions of the Polish criminal code on hate crimes and hate speech and the draft law on civil unions. On the other hand, he stresses that “many civil society representatives expressed disappointment and frustration at the slow pace of change” (para. 9).

This is followed by information about the rise of the LGBT movement during the previous coalition government. According to the “independent expert,” this was a reaction to the actions of the authorities at the time, which were allegedly designed to denigrate LGBT people. In addition, the report notes some local governments’ adoption of resolutions to introduce “LGBT-ideology free zones,” as well as President Andrzej Duda’s 2020 statement in which he supposedly referred to “LGBT people” as an ideology (item 10). Duda in fact talked about “LGBT,” not “LGBT people,” as being an ideology. Reid also refers in his report to the local governments’ Charter on the Rights of Families whose original model was prepared by the Ordo Iuris Institute. In his view, some of the adopted charters “imposed discriminatory restrictions with material consequence, including limiting access to local government funding for LGBT groups or activities focused on protection of the human rights of LGBT persons” (para. 10). “Faced with challenges from Poland’s national human rights institution, the Commissioner for Human Rights, as well as creative activism and the threat of funding cuts from the European Union, the ‘LGBT-ideology free zones’ came to an end.. Nonetheless, some of the residual effects of overt discrimination, in symbol and practice, endure to this day, including in mental health challenges experienced by affected individuals,” Reid wrote, seemingly confusing independent resolutions adopted by some local governments and the Family Rights Charters that were adopted by others, and which did not contain any reference to LGBT ideology or LGBT people. “LGBT ideology-free zones.” President Duda’s statements about LGBT being an ideology contain two distinctive elements, according to Reid (who wrongly claims Duda mentioned “LGBT people” in the referred statement): “The role of high-level State actors in demonizing LGBT people and their undermining human rights and democratic norms, spearheaded by United Right Coalition dominated by the Law and Justice Party (PiS)” (para 10)

Reid also refers to statistics on “bias-motivated crime based on sexual orientation and gender identity,” stating that the low official figures are not in line with reality. The “independent expert” bases this claim on “written submissions” that he reportedly received prior to his visit to Poland (but without specifying from whom - paragraph 14).

In the following part of the statement, the “independent expert” refers to the issues concerning the legal institutionalization of same-sex unions. According to information from government representatives, Poland is developing legislation on civil unions.

The UN expert also alludes to problems concerning so-called gender reconciliation. In this context, Reid reports on Polish regulations on this issue (Article 189 of the CCP) and the general, non-uniform approach to the matter in question. “I listened to trans people, and mothers of trans people who had firsthand experience of the protracted, expensive, and undignified administrative requirements firsthand, as well as a lawyer who represents several trans clients seeking legal gender recognition. When parents support their child, it is humiliating to have to sue them in court; when parents are opposed, it can make the procedure legally complicated and emotionally taxing,” Reid states (para. 22).

He goes on to provide information and comments on various issues related to LGBT people, including health, housing, and education. In this context, the “independent expert” notes information received from civil-society representatives expressing concern about the lack of adequate anti-discrimination education and sex education in Polish schools (para. 33).

“In evaluating the statement prepared by the UN Independent Expert on Protection from Violence and Discrimination on the basis of Sexual Orientation and Gender Identity, it is worth noting that Graeme Reid has in the past been active in a number of different organizations engaged in ideological activities related to the LGBT movement, as even the UN website itself reports. The report’s manner of preparation was also bizarre; this is significant because it will serve as the basis for a wider UN report expected in the coming months. Indeed, within the document text, the author often does not specify the sources of information from which he prepared his statement. This is exemplified in paragraph 14, where the “independent expert” suggests that hate-crime figures against LGBT people are much higher than official statistics suggest. The author notes, among other things, “written submissions” with no mention of their source, date of receipt, or any other basic information. For this reason, the report’s assertions should be approached with caution.