Everywhere in the world, LGBTQ+ (Lesbian, Gay, Bisexual, Transgender and Queer/questioning) people face challenges because of their sexuality and/or gender identity. Poland has the worst rights for LGBTQ+ people among European countries, as outlined in ILGA-Europe’s 2021 report. There has been a massive reversal trend in LGBTQ+ rights in Poland, particularly in the last 10 years. This blog will talk about how this came to be, and what the situation is currently like.
Background information of the overall situation in Poland
Since 1932, both male and female same-sex consent age was introduced at the same age of heterosexual consent age. However, during the German occupation of Poland from 1939-1945, following the end of World War II, this was lifted. Homosexuality was then removed from the list of diseases in 1991. It has often been seen that Poland remained behind other developed countries for their acceptance of LGBTQ+ people, with there still being no legal recognition of same-sex marriage, as the title remains very unclear of whether it extends to same-sex couples: “Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.” There was a lot of debate in Poland about whether this extends to same-sex couples, but in 2019 it was ruled that Article 18, the quote just given, does not explicitly ban same-sex marriage, however it doesn’t appear very open to same-sex couples, just saying that they are not explicitly banned.
Limitations for same-sex couples’ in Poland
As of when this blog was written, it is not legal for same-sex couples to legally adopt in Poland, and in November of 2020 a law was suggested allowing only married couples to adopt, making it virtually impossible for LGBTQ+ people to even attempt to adopt. Lesbian couples are not permitted access to IVF.
Gender identity
Gender changes have been legal in Poland since the 1960s, however in order to legally change gender, a medical diagnosis must occur. Once the person’s legal gender has changed, only then can the sex reassignment surgery occur. This is not on a homophobic basis, but it is illegal in Poland to perform surgery on a person that would result in them being infertile, so a legal change must occur first. Additionally, in 2015, a transgender recognition bill was passed in the Sejm (Polish Parliament). As part of the bill, before transgender people who have been permitted to change their gender without any physical interventions, they would have to be evaluated by a mental health expert to prove that they are suffering from gender dysphoria. The parliament and Senate approved the bill, however President Anderzej Duda blocked the bill from being passed, limiting the possible advancements and additional support that this would’ve provided for transgender people.
Social attitudes
The general opinion of homosexuality in Poland is extremely backwards. A survey in 2005 found that just under 90% of the population considered homosexuality to be ‘unnatural’, but around 50% believed that it should be tolerated. Public support for same-sex registered partnerships/ marriage has been decreasing since the early 2000s, in a 2008 poll it was found that 48% of people questioned advocated against registered partnerships between same-sex couples, rising to 60% in 2019. This has a massive impact on LGBTQ+ people in Poland, and how they can present and behave in public. A survey conducted by the European Union Agency for Fundamental Rights in 2019 found that 83% of LGBTQ+ respondents often or always avoided holding hands with their same-sex partner. 51% avoided certain areas because of fear of being physically assaulted. 20% of transgender and intersex had been physically or sexually assaulted within the past 5 years. These rates are extremely alarming, supported by the fact that 68% believed that LGBTQ+ prejudice and intolerance had risen in the last 5 years.
LGBT-free zoneS
Throughout Poland, there exist ‘LGBT-free zones’, which are regions or municipalities throughout the country which do not welcome a so-called ‘LGBT ideology’. This includes banning equality marches, and other related events that advocate for the rights of the LGBTQ+ community. These areas span about 33% of the entire country. This is entirely unacceptable, and these rulings need to be reversed. The principal way for this to occur appears to be from support of the European Union. In 2019, the European Parliament voted to condemn these zones throughout Poland. Alone this had very little effect, however more action is beginning to take place, since July of 2020, the European Union has began denying funding to areas that have declared themselves as “LGBT-free zones”. It is hoped that more action will be taken to reverse this, as LGBTQ+ people living in those areas are at an even greater risk of being harmed.