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The Handbook
back to: Gender Recognition Cases
06

The Summary

Your behaviour towards LGBTI persons is important but so is the conduct of others who accompany you during a hearing or a meeting with the client. Please make sure that your colleagues and associates respect LGBTI persons and do not violate their rights.

Every person, regardless of their sexual orientation or gender identity, has the right to respect, dignified treatment and self-determination.

Sexual orientation or gender identity is only one of the characteristics of a human being and no person should be defined exclusively from that perspective.

People dealing with courts may experience fear and uncertainty. Additionally, LGBTI persons may have no trust in courts and judges.

Sometimes we may, even unconsciously, discriminate against LGBTI persons.

Article 32 of the Constitution of the Republic of Poland prohibits all types of social, economic and political discrimination, also on the grounds of sexual orientation and gender identity.

Standards for the protection of LGBTI rights can be found in such instruments as the European Convention on Human Rights (Articles 6, 8, 14) and in the EU law (e.g. Article 21 of the Charter of Fundamental Rights).

The European Court of Human Rights and the Court of Justice of the European Union increasingly often deal with matters related to the rights of LGBTI persons, and judgments of these courts should be taken into account in the adjudication of Polish cases.