Poland – disabilities 2nd NAP

By Daniel Morris | 13. February 2024

2. Ministry of Development Funds and Regional Policy

Regulations on European Funds

[page 6]

“As in the years 2014-2020, projects implemented under national and regional Operational Programmes will have to contribute to ensuring equal opportunities for different target groups and thus comply with the applicable national and EU law. Currently, works are underway on the detailed provisions of the regulations relating to EU funds and setting out the directions for activities in this respect.”

Accessibility Plus Programme

[page 8]

“In the years 2021-2027, initiatives launched in previous years will be continued.(…) Plans are also in place to renew competitions for entrepreneurs related to the popularisation of products meeting the needs of the elderly and persons with disabilities.”

Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services

[page 8-9]

“In 2019, Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services (European Accessibility Act, EAA) entered into force. (…) The Directive is the first EU instrument to address accessibility in a comprehensive and horizontal way. Its scope is broad, covering products and services deemed as the most relevant to the daily lives of persons with disabilities and for which Member States have adopted or could adopt divergent national accessibility requirements, which would distort the functioning of the internal market. The Directive aims to ensure that common accessibility rules are applied by economic operators (both private and public) in order to provide greater certainty to economic transactions while helping to avoid social exclusion caused by inaccessible products and services. The Directive is also intended to implement the provisions of the UN Convention on the Rights of Persons with Disabilities.”

(…)

“The beneficiaries of the Directive are:

1. Persons with disabilities – defined in accordance with the United Nations Convention on the Rights of Persons with Disabilities – are the group of persons directly benefiting from the EAA”

3. Ministry of Economic Development and Technology

Development of new technical and construction conditions for buildings

[page 14]

“The scope of the regulation will include, among others, the introduction of provisions aimed at facilitating access to buildings and related facilities by persons with various types of disabilities, which will certainly exert an additional positive impact on other social groups such as older persons, carers with young children or persons with temporary motor dysfunctions.”

4.Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 17-20]

“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy. On 25 February 2021, Resolution No 27 of the Council of Ministers of 16 February 2021 on the adoption of the document ‘Strategy for Persons with Disabilities 2021–2030’ was published in the Official Journal of the Republic of Poland ‘Monitor Polski’ under item 218. The Resolution entered into force 14 days following its announcement. The development and adoption of the Strategy for Persons with Disabilities fulfils one of the basic horizontal conditions for the financing of the EU Cohesion Policy in 2021-2027, namely the implementation and application of the Convention on the Rights of Persons with Disabilities, by way of establishing a framework for a comprehensive national policy for persons with disabilities in line with its provisions. The development of the Strategy for Persons with Disabilitiesalso follows from the provisions of the Strategy for Responsible Development for the period up to 2020 (including the perspective up to 2030), adopted by way of Resolution of the Council of Ministers of 14 February 2017. The key objective of the Strategy for Persons with Disabilities is the inclusion of persons with various types of disabilities in social and professional life, thus guaranteeing them the rights enshrined in the Convention on the Rights of Persons with Disabilities. The document provides for a comprehensive, horizontal, cross-sectoral approach of public policy to support persons with disabilities, taking into account their needs in the sphere of independent life and social inclusion.

The document identifies eight priority areas of the Strategy.

Within the first of the priority areas, namely ‘Independent life’, the actions planned seek to fulfil an overarching objective to guarantee the right to independent living to persons with disabilities under Article 19 of the Convention on the Rights of Persons with Disabilities.”

(…)

“It is important for the successful implementation of the deinstitutionalisation process that it takes place with an adequate involvement of the local community, including in particular organisations of persons with disabilities and social and solidarity economy entities (SSEE). Concomitant with the deinstitutionalisation process will be the

process of reforming entities dealing with social services, inter alia through establishing Social Services Centres. Another important factor in this respect will be facilitation of access of persons with disabilities to information on support offer available to those persons so that comprehensive, reliable and up-to-date information on this subject is provided by employees of entities dealing with social services.”

(…)

“Another priority area is ‘Accessibility’. Accessibility is one of the basic conditions for participation of persons with disabilities in social and professional life. For this group of people, it determines the possibility of performing social roles and leading an independent life. It also entails ensuring to persons with disabilities access, on an equal basis with others, to the physical environment, buildings, transportation, information and communications technologies and systems, and to other facilities and services. Therefore, this priority area of the Strategy provides for actions aimed at improving accessibility of public space for persons with disabilities and improving their situation in terms of mobility (pursuant to the provisions of Articles 9 and 20 of the Convention).

The basic condition for effective social and professional activation in the case of persons with disabilities is also access to the educational system, hence ‘Education’ priority is another key area. Measures in this area will serve implementation of provisions of Article 24 of the Convention on the Rights of Persons with Disabilities, which indicates the obligation to realise the right of persons with disabilities to education without discrimination and on the basis of equal opportunity, while ensuring an inclusive educational system.

It provides for, among others, the following measures:

development of inclusive education, including development of legislative and organisational
solutions aimed at ensuring accessibility and enhancing the quality of inclusive education,
preparation for entering the labour market inter alia through supporting the process of transition between the educational stages and transition from the educational system to the labour market
development of professional counselling for young people,
development and ensuring to pupils and students with disabilities forms of communication
adequate to their needs, including popularisation in education of the possibility of using augmentative and alternative communication methods (AAC),
digitalisation of schools,
development of lifelong learning.

Another priority area of the Strategy is ‘Work’. Within this area, there are measures envisaged to foster greater professional activity of persons with disabilities and enhance possibilities of their employment in an open, inclusive and accessible work environment, pursuant to Article 27 of the Convention on the Rights of Persons with Disabilities. Measures within this area focus on:

modification and supplementation of the employment support system and professional activation of persons with disabilities, including through development and implementation of supported employment,
professional activation of persons with disabilities implemented, inter alia, through employment in social and solidarity economy entities (especially in social enterprises),
creation of work environment friendly for employees with disabilities, inter alia through working out a model of support for persons with disabilities in the work environment,
creation of environment conducive to effective professional activation of persons with disabilities through, for instance, ensuring specialised advisory in the scope of available
instruments of professional activation of persons with disabilities and in the scope of obligations of employers following from their employment for institutions of the labour market,
limitation of barriers in undertaking professional activity.

On the basis of so indicated outcomes for the Work priority area the key indicator was established as follows: Employment rate of working-age persons with disabilities, which in the base year 2018 reached the value of 26.2% and the target value is to be increased to 40% by 2030.

Another priority area of the Strategy is ‘Living conditions and social protection’. The main objective of the measures grouped under this priority, as stated in Article 28 of the Convention on the Rights of Persons with Disabilities, is to ensure adequate living conditions for persons with disabilities and their families, including the satisfaction of basic subsistence and material needs and necessary social protection. Measures under the ‘Living Conditions and Social Protection’ priority include combating poverty of persons with disabilities and their families, as well as meeting their housing needs. Within the ‘Health’ priority area, measures have been planned in order to fulfil Poland’s obligations following from the Convention (Article 25), in particular to provide persons with disabilities with health care, access to health services and programmes taking into account their specific requirements and needs with respect to health prevention, prevention of secondary complications and deterioration of health condition, medical rehabilitation and optimisation of the quality of functioning.

(…)

The Strategy for Persons with Disabilities 2021–2030 also provides for measures in the ‘Awareness-raising’ priority, which closely correspond to Article 8 of the Convention on the Rights of Persons with Disabilities, requiring a state party to the Convention to take immediate, effective and appropriate measures to raise awareness throughout society, including at the family level. These concern, inter alia, the mainstreaming of persons with disabilities in the media, changing the perceptions of persons with various disabilities, raising awareness of inclusive education for persons with disabilities, the introduction and dissemination of service standards for persons with various disabilities.

The last of the eight priority areas of the Strategy is ‘Coordination’. Implementation of the new state policy for supporting persons with disabilities requires appropriate institutional reform to remedy the diagnosed systemic problems. The measures designed within this priority area seek to establish a framework to ensure coherence of the system and development of cooperation between institutions dealing with problems of people with disabilities. The planned measures include, among others, reform of the disability degree certification system, development and implementation of an act on equal opportunities for persons with disabilities in the Polish legal system, coordination of systemic support for persons with disabilities, including in emergency situations, implementation of a complex system of data collection in the area of disability, greater inclusion of the disability issue in various areas of social policy, increasing protection of persons with disabilities against unequal treatment, extension of international cooperation.

Implementation of measures designed as part of priorities of the Strategy for Persons with Disabilities 2021–2030 will allow the establishment of a framework of comprehensive national policy for persons with disabilities, in line with the provisions of the Convention on the Rights of Persons with Disabilities. It will also translate into a planned increase in the activity rate and employment rate of persons with disabilities.”

4. Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 18]

“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy.”

(…)

[page 20]

“The last of the eight priority areas of the Strategy is ‘Coordination’. Implementation of the new state policy for supporting persons with disabilities requires appropriate institutional reform to remedy the diagnosed systemic problems. The measures designed within this priority area seek to establish a framework to ensure coherence of the system and development of cooperation between institutions dealing with problems of people with disabilities. The planned measures include, among others, reform of the disability degree certification system, development and implementation of an act on equal opportunities for persons with disabilities in the Polish legal system, coordination of systemic support for persons with disabilities, including in emergency situations, implementation of a complex system of data collection in the area of disability, greater inclusion of the disability issue in various areas of social policy, increasing protection of persons with disabilities against unequal treatment, extension of international cooperation.”

10. Ministry of Culture, National Heritage and Sports

Implementation of the equal-treatment policy in sports

[page 28]

“The Ministry of Culture, National Heritage and Sports will continue to implement the policy of equal treatment in sports, ensuring that the UN Guiding Principles on Business and Human Rights are incorporated as widely as possible when planning and implementing ministerial programmes aimed at developing sports in Poland, both in grassroots and professional dimension. In particular, the following

tasks will be implemented:

1. Preparing and publishing of a report on the situation of women in sports.

2. Implementing cyclical training courses for the Ministry’s employees and the Polish sports community on equal treatment of women and men in sports. The subject matter of the training will cover a wide range of issues related to equal treatment. Examples of specific support measures for the sports environment aimed at promoting women’s sports and international examples of good practice in counteracting discrimination and promoting equal treatment will also be presented.”

2. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 33-34]

“Among the new solutions in the Public Procurement Law, which – in addition to the regulations already existing in this respect – are aimed at supporting the implementation of social policy objectives within the framework of public procurement, the following, inter alia, should be mentioned:”

(…)

“• Article 94, according to which the contracting body may stipulate in the contract notice that only economic operators having the status of a sheltered workshops, social cooperatives and other economic operators whose main purpose or main purpose of the activities of their organisational units that will perform the contract is the social and professional integration of socially marginalised persons, in particular persons with disabilities, the unemployed, jobseekers, who do not remain in employment or do not perform gainful employment, to-be self-reliant persons, persons deprived of liberty or released from prisons, persons with mental disorders, homeless persons, persons who have obtained refugee status or subsidiary protection in the Republic of Poland, persons under the age of 30 and over 50 years of age with job-seeker status, without employment and persons who are members of disadvantaged minorities, in particular members of national and ethnic minorities pursuant to the regulations on national and ethnic minorities and on regional language or persons who are members of groups that are otherwise socially marginalised, provided that the percentage of employment of persons belonging to one or more of the aforesaid categories is not less than 30% of the persons employed by the economic operator or in its unit that will perform the contract,”

(…)

“• Article 96, which provides for the possibility for the contracting body to specify in the contract notice or procurement documents contract performance requirements, which may include, among others, aspects related to employment of the unemployed, jobseekers, who do not remain in employment or do not perform other gainful employment, to-be self-reliant persons, adolescents, persons with disabilities or persons from other groups indicated in the provisions on social employment. These requirements may also cover other social aspects such as the promotion of decent work, respect for human rights and labour law, support for social inclusion (including of persons with disabilities), the social economy and SMEs, the promotion of equal opportunities and the principle of ‘accessible and designed for all’, including sustainable criteria along with consideration of fair and ethical trade,

“• Article 104 on the possibility of direct reference by the contracting body to a specific label in the description of the subject-matter of the contract, the description of the contract award criteria or in the contract performance requirements in order to highlight the specific characteristics of the contract (including social ones). Labels by means of which contracting bodies may specify requirements connected with the pursuit of social objectives in the description of the subject-matter of the contract, the contract award criteria and the contract performance requirements , in the criteria on which their award to certain products and services is based, refer, inter alia, to compliance with social and economic rights, such as guaranteeing adequate remuneration for work, protecting women’s rights and combating discrimination against them (equal pay, participation in decision-making), prohibition of forced labour and non-use of child labour, freedom of association, health and safety at work, contribution to the development of local communities. Said right of the contracting body is subject to the cumulative fulfilment of the conditions set out in Article 104 of the PPL,

• Article 100 concerning the requirement to draft the description of the subject-matter of the contract taking into account accessibility requirements for persons with disabilities and design for all users, unless this is not justified by the nature of the subject-matter of the contract,”

(…)

“• Article 242, which indicates that non-price contract award criteria used by the contracting body to select the most advantageous tender may be quality criteria, including functional characteristics such as accessibility for persons with disabilities or responding to user needs, as well as social aspects, including the social and occupational integration of disadvantaged persons.”

13. National Labour Inspectorate

Tasks of the National Labour Inspectorate in the field of combating discrimination in access to employment and in relation to the provision of services by employment agencies

[page 39]

“Respecting the dignity and other personal interests of employees is a fundamental duty of employers. This also includes the prohibition of unequal treatment and discrimination at work. The activities of the National Labour Inspectorate to prevent and combat unequal treatment and discrimination in labour relations include the implementation of oversight and inspection measures, as well as prevention and information.

Oversight and inspection activities are carried out as a result of, among other things, complaints, notices, and indications of irregularities sent to the National Labour Inspectorate, but also within the framework of inspections carried out in accordance with the Inspectorate’s action programme (thematic inspections), where issues of equal treatment and discrimination are addressed.

Inspections of employment agencies always include audits of the implementation of the prohibition of discrimination on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs, and religious denomination or trade union affiliation of individuals for whom the agency sought employment or other paid work.

(…)

As part of inspections concerning the legality of employment, labour inspectors examine issues related to respecting the principle of equal treatment and non-discrimination in access to employment. These activities are aimed at disclosing offences with regard to a refusal to employ a candidate for a vacant position or place of vocational training on the basis of their sex, age, disability, race, religion, nationality, political beliefs, ethnic origin, religious denomination, or sexual orientation. Most often, they involve the examination of job advertisements in which employers post illegal criteria for people who apply for employment, where the nature of the work does not justify their use (e.g., relating to sex or age).

(…)

Promotion of the idea of equal treatment and non-discrimination in the labour market, especially with respect to foreign nationals, is supported by projects co-financed from European funds, as well as PIP publications (leaflets, brochures, guides) addressed to a wide audience.”