April 1998

This report has been submitted by:

Federation for Women and Family Planning &
International Planned Parenthood Federation - European Network

Federation for Women and Family Planning is a coalition of nine Polish non-governmental organizations which joined together to promote and defend reproductive health and rights of women in Poland.

Organizations members of the Federation are the following:

"Pro Femina" Association,
"NEUTRUM"The Association for Ideologically-Free State ,
The Polish YWCA,
The League of Polish Women,
Democratic Union of Women - (Poznań Branch)
The Center of Protection of Women and Families' Rights,
The Educational Association "Arbor",
The Family Development Association,
The Movement of Protection of Women's Rights.

   The report has been prepared by Wanda Nowicka, the Executive Director of the Federation for Women and Family Planning.

Special thanks to the International Women's Rights Action Watch (IWRAW) for all comments that enabled preparation of this report.

Introduction

   Political and economic transformation in Poland that started in 1989 brought about democratic changes so long expected by the Polish society. However, it also brought about some negative effects with regard to the status of women. Many researches and women's rights advocates say that women bear main costs of economic and political transformation in Poland. This process can be very well observed in the area of women's ⁽¹⁾ participation in decision-making processes. In the nineties the representation of women in decision-making positions decreased significantly. Women are seriously underrepresented in power elite and governance systems disproportionately to their high education. The representation of women in Parliament is ca 13 per cent. Before 1989 the representation of women was over 20 per cent.
   Female participation in executive power structures is extremely low, particularly in higher levels of power, although some individual women hold or have held high level position in the governments after 1989.
   Such low participation of women in power structures has its effect on various aspects of economic, social and cultural life.

General Recommendations:

• Mainstream gender perspective in all government programs and policies;
• Re-introduce government machinery promoting gender equality in accordance the CEDAW Convention ratified by the Polish Government and with commitments made in the Programme of Action, ICPD, Cairo, 1994 and in the Platform for Action, FWCW, Beijing, 1995; and/or
• Introduce the independent office of ombudsperson for equal status of men and women.
• Implement National Action Plan ⁽²⁾ on Women adopted by the Government in 29 April 1997.

Article 7

Right to Just and Favourable Conditions of Work

Unemployment. Unemployment, which is relatively new phenomenon in Poland, affects women to greater extent than men and is constantly growing due to discrimination of women in labour market. Women⁽³⁾ experience more difficulties than men at different stages of their professional life: when starting a career, holding onto a job and re-entering the labour market.

Working women have to cope with increased responsibilities within a family resulting from the shrinking social infrastructure (higher costs and reduced number of infant nurseries and kindergartens) as well as from a traditional model of family perpetuated by the media and education system, according to which even a professional woman needs to bear main responsibility for household duties. At the same time, it is difficult to find a new job⁽⁴⁾ as a result of discrimination against women practised by employers who often consider a woman's age and family situation along with, or instead of, her skills when judging her work-related attributes. They choose men rather than women, except perhaps in some feminized industries and low-paid positions.

Education-specific unemployment rates⁽⁵⁾ show that females need higher education than males to avoid unemployment. Women with good qualifications are compelled to take jobs that do not correspond to their qualifications. Women with children and women over 40 are often the first to be fired⁽⁶⁾. Job advertisements designated by sex are not forbidden in Poland as in most developed countries.

Direct discrimination of pregnant women in labour market. A woman seeking for a job is often asked to make a medical check-up, including pregnancy test. This procedure enables employers to exclude pregnant women as potential employees. This practice has been testified by many women who have been looking for a job.

Education of the employed women. Among the employed, women are much more educated than men⁽⁷⁾. 66 per cent of employed women have medium or higher education. Similar level of education have only 39 per cent of employed men.

Slow integration into private sector activities. Although, the adequate data is not available with this respect, it has been observed that less women than men are trying to look for new opportunities in the private sector⁽⁸⁾. The proportion of women working in the private sector as employees is smaller than that for men. Women's chances depend largely on their education. There is a number of success stories of women entrepreneurs, particularly those younger, with better education living in big urban centers. For the majority of women, however, in particular those less educated, older and living in rural areas or small towns, integration into the private sector is more difficult and the number of new jobs is limited.

Sectoral segregation of women's jobs. The sectoral employment pattern has not changed over the last few years. As in the past, female employment is concentrated in the service sector and in light industries. Industries such as textiles and food processing, trade, supply services, education, health, social protection, culture are highly feminized in Poland. Women also constitute an important part of the labour force in agriculture. Many women working in agriculture are unpaid family workers.

Persistent wage gap. Women's salaries constitute on average 70 per cent of male salaries⁽⁹⁾. The official data⁽¹⁰⁾ for 1996 shows that this tendency has not changed overtime. On average, the male salary was 26.2 per cent higher than female salary. Interestingly enough, the Government in its report to the CESCR acknowledges this phenomenon but does not consider any special measures since it is not treated as an issue of discrimination. Indirect discrimination of women with respect to income has been partly a result of the fact that sectors with high proportions of women called "feminized professions" tended to be less paid⁽¹¹⁾. It could be particularly observed in such categories like education, health and social services.

• Adopt and implement law against discrimination based on sex in the labour market, especially considering women in reproductive age and older women workers, in hiring and promotion;
• Eliminate discriminatory practices by employers and take appropriate measures in consideration women's reproductive role and functions, such as the denial of employment (practices of medical check-ups of women applying for a job in order to eliminate pregnant women);
• Prohibit direct and indirect discrimination on grounds of sex, including reference to marital or family status, in relation to access to employment, conditions of employment, including training and promotion (delegalize job advertisements designated by sex,);
• Eliminate occupational segregation and promote gender-sensitive polices and measures to empower women as equal partners with men in technical, managerial and entrepreneurial fields as well as senior management positions;
• Enforce legislation to guarantee the rights of women and men to equal pay for equal work or work of equal value (ILO Convention No. 100, Beijing Platform for Action, 165(a), Polish Constitution, 33.2),
• Adjust employment policies to facilitate the restructuring of work patterns in order to promote the sharing of family responsibilities;
• Provide affordable support services, such as high-quality, flexible and affordable child-care services, that take into account the needs of working women and men.

Article 10

Protection of the Family

Effects of legal restrictions of abortion. In 1993 significant changes concerning women's reproductive rights were introduced in Poland. The Polish Parliament introduced the anti-abortion law called the Act on family planning, human embryo protection and conditions of permissibility of abortion according to which abortions on social grounds were delegalized. It meant that women in difficult life conditions, including financial situation, could not legally have abortions. This dramatic change affected seriously many women and families, particularly those poor and uneducated ones. The law did not stop abortions. It pushed women to use back-street abortions or travel abroad. Abortion on social grounds was legal in Poland since 1956 and it was broadly utilized by women in result of poor family planning policies of the Polish state.

This restrictive law was introduced almost without any transitional period, without any mechanisms that would allow women to more easily adopt to these changes. The state did not introduced simultaneously any policies that would promote and subsidize any family planning programmes.

Up-to-date legal status of abortion. The anti-abortion law was liberalized shortly in 1996 (enforced in 1997) to allow abortion until the 12th week of pregnancy if "a woman is in hard life conditions or in difficult personal situation". The law got restricted again in 1997 (enforced in 1998) and this provision regarding abortion on social grounds was withdrawn by the Parliament elected in 1997.

Allowances for pregnant women. The 1993 law obliged the government to introduce special allowance for the poorest pregnant women. However, although the real value of this allowance on the part of an individual woman was rather symbolic, it soon turned out that the state was not able to provide all women in need, who were entitled to, with this allowance in 1993. The state compensated those women in 1994, but the amount of this allowance was even more reduced.

It should be stressed that many women who were in really difficult situation could not meet necessary requirements and did not receive any support. For example, a pregnant woman (under 18 years old) living together with her parents was not entitled to this allowance. Her parents were supposed to afford her. Also a pregnant woman who has not been employed is ineligible for support. As it could be easily seen, particularly young women with not stabilized professional situation could not count on this support.

Teenage pregnancies. Sex education information at school which was one of the obligations of the Government have not practically being introduced. In 1993, 94 and later the number of teenage pregnancies significantly grew up. In 1994 the number of births by mothers under 18 constituted almost 4 per cent of all births (18,800 births of the entire number of births 481,300). Moreover, 20,500 women gave birth at the age of 19⁽¹²⁾.

• Introduce legal regulations concerning abortion allowing women in difficult life situations make their own reproductive decisions;
• Strengthen and broaden financial support to pregnant women in difficult situations;
• Promote preventive measures including family planning and sex education programs to reduce the number of teenage pregnancies;

Article 12

Right to Health

Health status of women. The Polish society experience deterioration of health which best can be observed on mortality and morbidity indicators⁽¹³⁾. It can certainly be attributed to the hardships of everyday life, loss of security, deterioration of healthcare services and lack of preventive measures. Many health services are lacking or of not good quality.

Reproductive health of women is in a poor shape in Poland. Women's morbidity and mortality of reproductive system is high and it is systematically growing. 1994 Report on Demographic Situation of Poland issued by the Government Population Commission anticipates that if the level of health care services does not improve with regard to diagnostics, therapy and prophylactics of cancer, deaths of women resulted from cancer may increase about 40 per cent by the year 2010.

Medical services. Healthcare system does not provide sufficient medical services that would enable women to prevent or detect at early stage typical health problems. There is no screening services and prevention services for female diseases such as: breast and cervical cancers. As a result, cancers, particularly breast cancer, often reach an advanced stage before being detected. Even a pap smear is not available to almost 15 per cent of women. Mammography is not available to 53 per cent of women in Poland⁽¹⁴⁾. Women often complain⁽¹⁵⁾ about lack or deficiency of adequate medical services. Medical services are particularly inadequate in the countryside. Healthcare system is not addressing to sufficient degree health problems of girls as well as health problems of older women in post-reproductive age.

Family planning. While abortion remains illegal, family planning services do not receive adequate proportion of government health spending. Family planning services generally are not provided in public healthcare system. Insufficient number of non governmental family planning associations are not able to meet all needs of the society in this respect. Women do not have adequate access to contraception due to lack of the state subsidies that would lower prices, insufficient knowledge of medical community and lack of any state programs that would educate women. Sterilization as a method of family planning is illegal.

The subsidies for five contraceptives introduced in 1997 by the former Government have been withdrawn by new Government in March 1998. These financial reductions for reproductive health have serious impact on women's family planning choices.

Pregnant women with health problems. Pregnant women whose pregnancy constitutes a health danger face problems in receiving necessary termination procedures. It has been quite common that partly in result of general ignorance of the medical community on the conditions of the anti-abortion act, partly in result of their anti-abortion attitudes, women with serious medical problems have been forced to give birth. Some women even died in result of this. Some cases were described in the Federation for Women and Family Planning two reports (1994, 1996) on the effects of anti-abortion regulations on women's health. For example, a woman with an artificial heart valve was forced to give birth to a baby against her and her husband's will. She died a few days after the delivery.

Health protection of pregnant women. In general, it can be assumed that pregnant woman did not experience satisfactory health protection if her life or health was in conflict with life of the fetus.

Such understanding of this issue was legally confirmed in 1996 by the decision of the Polish Constitutional Tribunal which decided that liberalized in 1996 abortion law allowing abortion on social grounds was against the Polish Constitution⁽¹⁶⁾. This decision of the Constitutional Tribunal and its consequences was a real shock for women's rights and health advocates as well as for many prominent lawyers.

Violence against women. Violence against women is one of the most painful problems in Poland, but still inadequately recognized nor addressed. There is no systematic data on violence. There are neither preventive measures nor sufficient mechanisms of support for victims of violence. Legal regulations such as simply order of protection do not exist and do not protect women against violence. There is no sufficient number of shelters and other supportive institutions.

The Government Program against Domestic Violence was launched by the former Government Plenipotentiary for the Family and Women's Affairs in 1997. The new Government Plenipotentiary for the Family Affairs⁽¹⁷⁾ has suspended its implementation without any substantial reason. He plans to spend allocated for violence in 1997 external and internal funds for other purposes (including campaign against pornography).

The sex industry⁽¹⁸⁾It is recognized that prostitution and sex workers are increasing significantly, also among adolescents. Factors increasing prostitution include economic hardships, unemployment and opened borders that been closed for so long. Female sex workers are stigmatized, discriminated against, treated as criminals and often blamed for sexually transmitted diseases, including AIDS. Trafficking in women from the Eastern Europe to Poland and from Poland to the Western European countries such as The Netherlands, Germany, Belgium, Switzerland is another relatively new phenomenon of sex industry. Marginalized sex workers are endangered to even greater exploitation.

The problem of trafficking women in the region of Eastern and Central Europe has been recognized by the United Nations. The United Nations Special Rapporteur on Violence against Women, its causes and consequences, Ms. Radhika Coomeraswamy issued the report⁽¹⁹⁾ on the issue of trafficking and forced prostitution of women, according to which trafficking of Central and Eastern European women reached epidemic proportions in the beginning of the 1990s. Victims of trafficking come mainly from the Russian Federation, Czech Republic, Poland, Belarus, Ukraine. The growth of trafficking in extremely young women has also been recognized. Many victims were between the ages of 15 and 18. Poland, because of its geographical location, is also a transit country for women from the former Soviet Union and other Eastern European countries moving to Western Europe. The phenomenon of being a sending country, a country of destination and a transit country at the same time has made Poland highly visible in the arena of international trafficking.

There are important health implications resulting from sex industry. Women's organizations working with trafficking in women report their lack of adequate knowledge of safe sex or lack of options or resources to protect themselves. Clients often refuse to use condoms. Such practices increase the risk of infection and disease.

• Make reproductive health a priority of governmental health programs and policies;
• Strengthen preventive policies in health care;
• Introduce and finance family planning programs; legalize sterilization as a method of family planning;
• Promote gender-sensitive training for medical community about various aspects of reproductive health and patient rights as human rights;
• Implement government program against domestic violence;
• Introduce government program to prevent and deal with the trafficking-in women.

Article 13

Right to Education

Gender stereotypes⁽²⁰⁾Educational system in many ways perpetuates gender stereotypes⁽²¹⁾, promoting family roles of women as the primary ones. During primary education children become familiar with the place of women and men in the society. Teachers, often completely unaware of this fact, use manuals that perpetuate a patriarchal model of the family and the world. Women and girls are often presented as mothers and housewives in family roles, during housework, while men are presented as professionals or during leisure time. Boys are presented mainly during holidays and interesting activities.

Such patterns and stereotypes promoted in the earliest stage of human development strengthen patriarchal model of the society and are difficult to eradicate.

Inequality of educational opportunities. The Report of NGOs for Beijing states that girls and boys experience some inequalities at the high school and university level. Women are not promoted to technical interests and education. There is a well-known case of a high school in Warsaw which relates to differences in school curriculum based on gender: computer classes were organized only for boys and housekeeping classes were organized for girls. After the intervention of the Polish Feminist Association reported broadly in the media, the school withdrew from this project.

Girls have fewer possibilities to choose their educational programme at the high school level. Many vocational schools, particularly those addressed to women, like tailoring schools have been closed up in last years as a result of collapse of textile industry. Some technical schools do not accept girls. As a result, more girls than boys attend high schools that do not prepare them for any particular profession.

Employment of women in the field of education. Domestic statistics on employment in education are not gender specific. They do suggest that women make up 77 per cent of the employed in this sector. This situation, however, is not parallel in case of school heads. According to the Report of The Polish Committee of NGOs', schools' principals are mainly male.

More specific data is available on the employment of women in the field of higher education. Although women make up the majority of students and graduates, they are less frequently employed as assistants, i.e. at the first level of academic career.

This imbalanced situation can to some extent be explained by discriminatory practices existing in academic environment: male professors are usually more willing to choose men as their assistants.

Table 1. Percentage of women among teaching staff in higher educational institutions in Poland.

Sex Education. The Government has been obliged to introduce sex education to public schools curricula in 1997. Last December the Government made an attempt to withdraw officially this programme from schools. Although, this attempt was unsuccessful, up-to-now policy shows that the Government does not fulfill this task in accordance with best international standards and practices. The curriculum and manuals accepted by the Government, present mainly the approach of the Roman-Catholic church towards human sexuality and gender issues. They present negative approach to any contraception other than natural one.

• Elaborate and develop curricula, textbooks and teaching aids free of gender-based stereotypes for all level of education, including teacher training; in accordance with the CEDAW Convention;
• Take positive measures to increase the proportion of women gaining access to educational policy- and decision-making, particularly women teachers at all levels of education and in academic disciplines that are traditionally male-dominated, such as the scientific and technological fields;
• Introduce gender-sensitive, based on best international standards sex education curriculum in schools;

Latest trends - social policies reflecting patriarchal model of society

In result of last changes together with the establishment of right-wing parties, patriarchal model of the society has been re-established in Poland. The patriarchal trends have been justified on traditionalist, demographic and emotional grounds. Traditionalistic arguments, based on a return to women's predestination, have been developed and promoted by the extreme right-wing political parties and supported by growing fundamentalist movement. Demographic arguments recall the decrease of birth rate and threat the extinction of the nation. Finally, bringing women home was interpreted as freeing them from "forced" labour under communism.

Present Government which consists of members of these parties to greater extent, is trying to implement such tendencies in the social policies under the cover of 'pro-family policies'.

Recommendation

• Promote implementation of a strategy of information, education and communication aimed at promoting a balanced and non-stereotyped portayal of women and girls in the media.

⁽¹⁾ The Situation of Women in Poland, The Report of The Polish Committee of NGOs' - Beijing 1995, prepared for the FWCW, March 1995, pp. 25-30.

⁽²⁾ The latest changes of Government may seriously obstruct the implementation of the National Action Plan on Women (NAPW) developed and adopted by the former Government in April 1997 as a consequence of the Government commitments made in Beijing. They may significantly hinder the achievement of gender equality and women's empowerment. So far, NAPW has not been set in motion yet and there is no political will to do it.

⁽³⁾ Irena E. Kotowska, Women in the Polish Labour Market - Are They Benefiting from Economic Recovery? Paper prepared for Eight Annual Conference of EALE, Crete, 1996.

⁽⁴⁾ Irena E. Kotowska, op.cit.

⁽⁵⁾ ibid.

⁽⁶⁾ The Situation of Women in Poland, The Report of The Polish Committee of NGOs', pp. 20-25

⁽⁷⁾ Monitoring of Labour Market, Reasons Differentiating Salaries in Poland, Central Statistical Office, February 1997

⁽⁸⁾ Regut, A. (1994), 'Polish women in the private sector', Polish Chamber of Commerce, Warsaw, after Ruminska-Zimny, E. (1995) 'Socio-economic impact on women of the transition process, in countries of Eastern Europe, the CIS and the Baltic States'. UNDP. Paper presented at the Panel Discussion of the NGO Forum during the Fourth World Conference on Women (FWCW), September 1995, Beijing, pp. 3-9.

⁽⁹⁾ 'Report to the Fourth United Nations World Conference on Women'. (August 1995) Plenipotentiary of the Polish Government for Family and Women's Affairs, Warsaw, pp. 73-83, Government Report to the CESCR (October 1995).

⁽¹⁰⁾ Monitoring of Labour Market, Reasons Differentiating Salaries in Poland, op.cit.

⁽¹¹⁾ Ibid.

⁽¹²⁾ Debski, R. Pregnancy and Birth among Adolescents. in: Sex Education and Family Planning in Poland (Wychowanie seksualne i planowanie rodziny w Polsce), TRR, Warsaw 1997

⁽¹³⁾ Government Report 1995, The Demographic Situation of Poland, Warsaw 1995.

⁽¹⁴⁾ Report on Reproductive Health of Women in Poland, Federation for Women and Family Planning, 1997

⁽¹⁵⁾ ibid.

⁽¹⁶⁾ The Ruling of the Constitutional Tribunal of 28th May, 1997, sign. of the records K 26/96 in regard to an amendment to the Act on Family-Planning, Human Embryo Protection and Conditions of Legal Pregnancy Termination). In the justification of its decision the Constitutional Tribunal stated:

⁽¹⁷⁾ The new Government of Poland has recently transformed the Government Plenipotentiary for the Family and Women's Affairs (the machinery responsible for equality policies) into the Government Plenipotentiary for the Family Affairs (without women). According to the relevant legal act adopted by the new Government on November 7 1997, the new office's mandate does not include women's issues and gender equality any more. The head of this new office is well-known for very the negative approach to gender equality policies. He does not intend to continue the cooperation with the NGO Forum at the Office of the Government Plenipotentiary for the Family and Women's Affairs. The NGO Forum was initiated by the former office as a platform of cooperation between the government and non-governmental organizations. This body worked actively holding meetings every month to consult the Government on programs and policies from gender perspective. The new Government does not consider any new mechanisms on women's issues.

⁽¹⁸⁾ 'Investing in Women's Health', op.cit. pp. 24-5.

⁽¹⁹⁾ Report on the mission of the Special Rapporteur to Poland on the issue of trafficking and forced prostitution of Women (24 May - 1 June 1996) as a addendum to the Report of the Special Rapporteur on Violence against Women, its causes and consequences, Ms. Radhika Coomeraswamy.

⁽²⁰⁾ 'Report to the Fourth United Nations World Conference on Women'. (August 1995) Plenipotentiary of the Polish Government for Family and Women's Affairs, op.cit pp. 99-102.

⁽²¹⁾ The Situation of Women in Poland, The Report of The Polish Committee of NGOs' - Beijing 1995, op.cit. Women and Education, pp. 55-57; " During primary education children become familiar with the place of women and men in society in a very specialized and effective way. Teachers, often completely unaware of this fact, use manuals that propagate a patriarchal model of the family and the world. Both pictures and texts (...) strengthen a child's consciousness about behaviour 'appropriate' to their gender. Such activities, as setting the table, feeding hens, playing with a doll, drawing flowers, making dishes are taught to young girls. Young boys, on the other hand, are taught to make model of planes, play chess, be interested in spaceships, fish, collect stamps. According to these children's texts, only boys go for holidays and experience different adventures. Already at the level of primary education girls are taught to be responsible for men's appearance and are made guilty when they do not meet expectations. Only boys have plans and perspectives: "Peter said: When I am grown up, I will become a poet (...) and you will have to call me Master (...). Krystyna finished the conversation on poetry and started to set a table for dinner."

Generally, women are shown only as mothers and housewives. It is the woman who does all household jobs, cleaning, cooking, serving meals, shopping, washing, sewing, making dishes (...) Moreover, only women put in child-care - washing and feeding a baby, going with children for a walk, taking them to the doctor, taking care of a sick child, helping children with their home work, discussing their school problems with them etc. Such a mother usually does not work, does not have any friends and acquaintances, has no interests and, in fact, does not take part in any life outside the house. Her contacts with other people are limited only to meetings with relatives."