Name: Band eller sanger temaaften
Start: 2024-04-30
End: 2024-04-30
Location: HaH Club - Wroclaw - CLOSED

General rules regarding adoption are set out in the Family and Guardianship Code, in articles 114 to 127. Formally, there is no prohibition against adopting a child by a single person.

The ability for same-sex couples to legally adopt a child.

Before the current law, single only adoption for gay people was allowed.

The difference between legal age of consent for homosexual sex and heterosexual sex.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

Parts of Poland have Called themselves LGBT “Free Zones” in which pride and other equality events are banned and repressed brutally. Mods without sources have changed this entry to something innacurate  

Gender marker change requires initiating a court procedure in which the applicant must file an “assessment suit”, manufacturing proceedings between the applicant and their family. This procedure is very subjective and can result in summary dismissal of the applicant’s suit. Conditions can include a “real-life test”, requiring the applicant to have expressed their gender identity publicly for two years (often without any medical intervention) and medical testing, both psychological and physical. 
This procedure is based on the Supreme Court decision of 22 March 1991 which interprets the sense of belonging to a gender as “a personal good”, per Article 23 of the Civil Code (1964), meaning that a suit can be brought on this basis under Article 189 of the Code. Another Supreme Court judgment of 22 September 1995 established that parents or guardians of the applicant are the defendants in the lawsuit taken. 
Reports produced by Transfuzja showed that a diagnosis of “transsexualism” can be obtained through a series of tests and examinations, both psychological and physical, including head x-rays, genitalia examination and karyotype check. As there are no unified standards to diagnose a person of “transsexualism” in Poland, healthcare providers “recommend” a two-year “real life” test, during which the applicant is required to live full-time as their preferred gender, but they are not prescribed any hormonal treatment and they are still unable to change their legal status. While it is possible to receive hormonal treatment without a diagnosis, this practice can complicate legal gender recognition court procedures. 
 
In the resolution of the Court Supreme Court (ref. no. III CZP 100/77), the court found admissible gender change without surgery. In the same judgment, the court decided that it was possible to rectify the birth certificate.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

A medical diagnosis required, and individuals need to sue their parents in order to have their birth certificate changed. Under Polish law reassignment surgery can only take place after a person's gender has been legally changed.

Conversion therapy is not Banned in Poland. The attitude of homosexuality as a disease is still commonplace

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. There is no legal protection in all other areas.

Prohibition of discrimination based on sexual orientation and/or gender identity.

Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. 
In 2023, the Court of Justice of the European Union declared in a case from Poland (J.K. v TP S.A., Case No. C-356/21) (2023) that freelance workers are also protected by EU law prohibiting discrimination on the grounds of "sexual orientation" in employment. In December of 2022, Joanna ?elek won her case against her employer in regards to transgender discrimination in the workplace, effectively protecting transgender people in the workplace

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

The Equal Treamtent Law of 2010 prohibits sexual orientation discrimination in employment.

In 1996, Poland adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

Medical and psychological support designed to help individuals transition to the gender they identify with, including hormone replacement therapy (HRT) and surgeries.

In 1981, the Department of Sexology and Pathology of Interpersonal Relationships was established in Warsaw, which was the first facility in Poland providing help to transgender people, including the diagnosis of gender dysphoria and hormone therapy. Since then, many similar healthcare facilities have been established, including private ones, after the fall of the communist system in Poland.

In 1963, the first fully reimbursed gender reassignment surgery in Polish history (MTF) was performed in Warsaw. Until the first health care facility in Poland was established, which specialized in the diagnosis and treatment of transgender people, hormonal therapy and professional diagnosis of gender dysphoria were not possible.

Medical transition in Poland is not possible

Consensual same-sex acts were legalized in 1945 after the end of WW2 by the Polish Penal Code. Since 2019 several municipalities have declared themselves to be "LGBT-free zones", while this has no legal standing it does adversely affect LGBT people by opening them up to hate crime. In 1970 homosexuality was completely decriminalized by removing the provision on homosexual prostitution from the penal code.

Consensual sexual activity between individuals of the same sex.

The 1932 law came into force in Poland again after World War II, but it included homosexual prostitution as a punishable offense. Homosexuality in Poland was fully decriminalized only in 1970.

LGBT people were persecuted by Nazi forces during the German occupation of the Second World War.

During the Second Polish Republic, same sex activity was not legislated against, but was considered taboo.

During the Partitions of Poland, the Polish state had ceased to exist and laws from other states were forced upon the lands. in 1945 Russia's penal code specified a punishment of forced resettlement to Siberia.

Before the Polish partitions, no bans regarding homosexuality were ever mentioned, despite it being considered taboo. There was a time where "brotherly bonds" were made by two people of the same-sex, typically men. According to some historians, this could be considered same-sex marraige. Homosexuality was also weaponised to defame known figures; i.e. kings. 

Laws in force in Poland do not offer protection against LGBT discrimination in housing. Likewise, there are no protections in education and the attitude of homosexuality as a disease is still commonplace

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

Medical interventions performed on intersex infants to alter their genital appearance to conform to typical male or female standards, often without the informed consent of the child who is too young to participate in the decision-making process.

The Supreme Court adopted a resolution on the interpretation of Art. 691 k.c. in which it ruled: “A person actually cohabiting with the tenant (within the meaning of Article 691 § 1 of the Civil Code) is a person connected with the tenant by emotional, physical and economic bonds; also a person of the same sex."

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

Article 18 of the Polish Constitution defines marriage as "a union of a man and a woman". 
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.

Legal for LGB people, but not transgender people.  

The ability for homosexuals to serve in the military and be open about their sexuality.

Non-binary gender marker is not available.

Legal recognition of non-binary, genderqueer, or third gender identities.

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