Hate speech

16th ILGA-Europe’s Annual Conference, 18-21 October 2012

Dublin, Irland

Mirosława Makuchowska Campaign Against Homophobia

Poland

Monitoring Discrimination of LGBT People in Poland Project 2008-2013

General objective:„to effectively monitor LGBT person’s situation and counteract discriminatory treatment due to one’s

sexual orientation or gender identit with long-term goals in mind.”

Detailed objective:„ enhance legal protection of LGBT persons from hate

speech and hate crime”

Monitoring Discrimination of LGBT People in Poland Project

How to enhance protecion?

Focus on change legaslative change: Amending the Penal Code on Hate Crimes and Speech include sexual orientation , gender expression , age, gender, getynder identity, disability, as ground protected against hate crimes and speech.

Monitoring Discrimination of LGBT People in Poland Project

Art. 119„Who uses violence or unlawful menace towards a group of persons or an individual person on grounds of…”

Art. 256„Who publically propagates a fascist or other totalitarian system of state, or invokes hatred on the grounds of differences in…”

Art. 257„Who publically degrades a group of persons or an individual person on grounds of their…”

Monitoring Discrimination of LGBT People in Poland Project

Monitoring

Legislative refor

m and lobbyi

ng

Litigation

Publications

Monitoring• The Polish press is monitored for material concerning LGBT issues. • Monitoring of hate speech conected to LGBT events.

LitigationA legal counseling clinic for victims of discrimination and hate crimes is run. Apart from legal advice given to the victims, the legal team chooses one case a year to use as a precedence case to litigate in collaborationwith pro bono lawyers.

Legislative reform and lobbing

• draft amendment to the Polish Criminal Code, broadening the scope of protection again hate crimes and hate speech,

• coalition of ngo’s supporting the amendment,

• advisory board consulting the amendment,

• legal opinions of experts,

• intensive national and international lobbing,

Supported by the data gathered during the monitoring.

Legislative reform and lobbing

Outcomes of activities:

1. Legislative initiative, bill discussed in the parliament ( failed due to lack of political will but continued in new parliament term ).

2. Rulling party introduced its own project of amendment.

3. Public debate on hate speech and hate crime .

4. Awarness rising among general public.

Publications1. Quarterly bulletin containing the most pressing issues which arose from the monitoring.

2. When words are weapons. Homophobic Hate Crimes and Discrimination in Poland. 2008 report.

Thank you!