Adam Ploszka, Ph.D.
Faculty of Law and Administration University of Warsaw
Expert Commission on Combatting Homelessness attached to the Commissioner for Human Rights of Poland
Summary:
The European Convention on Human Rights is the only effective mechanism of the international protection of social rights available to Polish nationals because Poland has not ratified any of the instruments of international human rights protection which allow individuals or organisations representing individuals to challenge violations of social rights in international courts by lodging individual or collective complaints. The arguments put forth by the Polish Government on the international forum against its being bound by such international instruments seem unconvincing, not least because they fail to take account of recent achievements in the international protection of social rights.
In view of the article, it seems that the international review of the realisation of social rights by Poland is based, on the one hand, on the ECHR and, on the other hand, on government reports on the application of international treaties filed under the International Covenant of Economic, Social and Cultural Rights and the European Social Charter. This poses a risk to those individuals who are most in need of such protection, in particular individuals suffering poverty and social exclusion. From the individual perspective, the reporting mechanism is inefficient and the review procedure is lengthy. In connection with the availability of applications lodged with the ECtHR in order to challenge violations of social rights, and in view of the excessive workload of the ECtHR and the ability of the Court to protect only certain aspect of social rights, it seems evident that the ECHR review mechanism cannot be considered sufficiently effective to ensure the appropriate degree of protection of social rights.
Consequently, it seems advisable to consider a change of the position of the Polish Government on the international protection of social rights in order to allow individuals to lodge individual (or collective) complaints.
Full text of the article to be found here.
The article was published previously in: “The right to decent life in the light of the European Convention on Human Rights and other international standards” Warsaw 2018
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