CIVICUS discusses progress on LGBTQI+ rights in Poland with Annamaria Linczowska, Advocacy and Litigation Officer at Campaign Against Homophobia (KPH), a Polish LGBTQI+ rights group that works to counter violence and discrimination based on sexual orientation and gender identity through political, social and legal advocacy.

Starting in 2019, around 100 Polish municipalities declared themselves ‘LGBT-free zones‘, passing resolutions against what they termed ‘LGBT ideology’. While primarily symbolic, these declarations fostered a hostile environment for LGBTQI+ people. Following persistent pressure from civil society and European institutions, these resolutions have gradually been withdrawn. When the municipality that initiated the movement officially rescinded its declaration in late 2023, it left only 15 such zones remaining. Now the final ‘LGBT-free zone’ resolution has been repealed.

What were ‘LGBT-free zones’ and how did they affect LGBTQI+ people?

These were discriminatory resolutions that many local authorities started adopting around 2019. There were two main types: declarations against so-called ‘LGBT ideology’ and Family Rights Charters. Together, they came to be known as ‘LGBT-free zones’.

While the Family Rights Charters’ attack on LGBTQI+ people was perhaps more subtle, they still promoted a narrow idea of family based on marriage between a man and a woman, excluding LGBTQI+ people, single parents and others who didn’t fit that model.

According to the Atlas of Hate, an activist monitoring group, over a hundred municipalities, counties and provinces adopted versions of these resolutions, covering almost a third of Poland.

These declarations, while symbolic, had tangible effects. Research by the Centre for Research on Prejudice at the University of Warsaw, KPH and Lambda Warszawa Association found that LGBTQI+ people in these areas were more likely to experience suicidal thoughts.

How were these discriminatory resolutions overturned?

Civil society activists and organisations, along with some public officials, played key roles in overturning these discriminatory resolutions. Poland’s Human Rights Ombudsman at the time, Adam Bodnar, challenged the resolutions in court. Administrative courts ruled them unconstitutional and in violation of Polish and international law.

KPH and other organisations, including those forming the Coalition for Equal Rights’ Equality Watch, engaged with local authorities and brought attention to the issue at the European Union (EU) level. This strategy proved effective, as the Partnership Agreement between Poland and the European Commission stipulates that local authorities with discriminatory policies are ineligible for EU funds. This pressure led many local councils to reverse their decisions to avoid losing funding.

What’s the situation for LGBTQI+ people after the 2023 election?

Despite political changes, major pro-equality laws haven’t yet been introduced since the October 2023 parliamentary election. LGBTQI+ people still lack basic legal protections. However, the government is working on two important initiatives: a Civil Union Act and a Hate Crime Law.

Family rights are a major issue. Despite multiple rulings from the European Court of Human Rights, including in cases such as Andersen v. Poland, Formela and Przybyszewska, the law still doesn’t recognise same-sex couples. The equality minister has introduced civil union legislation that legalises same-sex partnerships, but the initiative focuses primarily on financial issues and doesn’t address family rights. This means children raised by same-sex parents remain in legal limbo, as only one parent is typically recognised.

Weak legal protections against discrimination, hate speech and hate crimes lead to underreporting, particularly for transgender people whose gender is not recognised by the law. The Hate Crime Law proposes an amendment to the Penal Code to include sexual orientation along with age, disability and sex/gender as protected categories in hate crime laws. It was passed by both houses of parliament, but the president refused to sign it and referred it to the Constitutional Court, which many believe lacks independence. Despite this delay, the fact it received broad parliamentary support suggests growing momentum for change.

What international support does Poland’s LGBTQI+ rights movement need?

At KPH, we strongly believe LGBTQI+ rights are core to democracy and European values. We welcome international attention and engagement, which helps pressure decision-makers to uphold these values.

Holding Poland’s government accountable and ensuring no group is left behind is crucial. Poland is ready to adopt laws that meet European human rights standards. We just need enough pressure to mobilise the required political will to make it happen.