VIOLENCE AGAINST WOMEN
Urszula Nowakowska
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VIOLENCE AGAINST WOMEN
Urszula Nowakowska
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INTRODUCTION Recent years have seen significant progress in the awareness of domestic violence and violence against women in general. The issue has become more visible in the media and has been addressed by an increasing number of NGOs and other organizations. However, despite these changes, violence against women remains to a large degree hidden and surrounded by taboos, underpinned by a strong tradition of shame and guilt in the case of disclosure, especially in small villages and towns. It incorporates powerful stereotypes about women and men's traditional roles in family life, and expectations about the appropriate or acceptable response to "inappropriate" behavior by women. Polish folklore still contains such folk sayings as "a husband who does not beat his wife, does not love her," and "if a husband does not beat his wife her liver rots." Women victims have imprinted in their minds all the stereotypes about women and men's social roles, as well as a number of myths, such as children needing the father, even if he is abusive. The Catholic Church perpetuates the conservative model of the family and traditional gender roles. Its influence in this field cannot be overestimated. The Church teaching on indissolubility of marriage combined with powerful social myths and stereotypes, in view of serious legal and institutional deficiencies in the family violence intervention system, make a decision to leave an abusive relationship very difficult. The Polish criminal justice system is neither effective nor responsive to victim's needs. The police often treat domestic violence as a family matter and are reluctant to intervene. Although domestic violence is publicly prosecuted, police do not properly collect evidence; evidence is produced only through the woman's effort. The pre-trial proceedings often last two to three years before the case is actually tried in court. In the meantime, victims and perpetrators often live together under the same roof, causing victims to be vulnerable to further violence and other forms of pressure from the perpetrator. Police often refuse to intervene, explaining that it is either a private matter or that they cannot do anything to protect the victim unless they are provided with more evidence. If the victim has the luck to see the perpetrator convicted, the sentence usually does not alter the situation. Sentences are usually suspended (more than 90%) and the spouses often still live together, even if they are divorced. Equally inadequate is the way the police and courts treat the cases of rape. As rapists usually receive appallingly low sentences, women are often unwilling to report the crime. Domestic violence and violence against women are still not adequately recognized as a grave social problem in this country. Since the new government entered into power in the fall of 1997, a visible backlash occurred on the issue. Violence against women and children is marginalized and hidden under the gender-neutral term of domestic violence and in general discussions about the high crime rate.
The government neglects
the problem of violence against women and neglects to implement
a comprehensive policy on its prevention. The Governmental Plenipotentiary
for Family Affairs has not implemented the program against violence
against women from the National Plan of Action. The other governmental
program, Against Violence-Equal Chances, was revised so
that it does not meet its primary goal to empower women-victims
of violence.
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| Total convictions | ( 100%) |
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| Jail Actually Served | ( 9.7%) |
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| Probation (suspended sentence) |
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| Limited Freedom | (0.5%) | (0.6%) |
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| Fine | (0.7%) | (0.5%) |
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Table 2: Sentencing Under Article 184, § 2 of the Penal Code
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The statistical data concerning crimes under Article 207 (formerly 184) of the Penal Code reveal a noticeable increase in the number of domestic abuse cases between 1993 and 1996 and a decrease in 1997. The growing number of convictions, however, does not necessarily reflect the increased number of crimes; it rather results from the fact that more women are reporting the crimes. In recent years we have witnessed the first signs of the breaking of the taboo on talking about violence and of women's heightened awareness of their rights. A change in the approach of police and other bodies to domestic violence also influenced the number of revealed cases and convictions. We are deeply concerned, however, that the percentage of suspended sentences is so high even if the perpetrator acts with extreme cruelty or if the victim attempts suicide as a result of the abuse. Suspended sentences are rarely an effective form of crime deterrent.
Despite the fact that the punishment for violence constituting cruelty is imprisonment for up to 5 years, and in the case of violence committed with particular cruelty even up to 10 years, in reality, the perpetrators usually receive the lowest possible, and usually suspended, punishment for their crimes. As a result they feel immune from punishment altogether, they remain with their families and in, most cases, do not abstain from further violence.
Table 3: Length of jail sentences under 184, § 1 of the Penal Code
| 1994 | 1995 | 1996 | 1997 | |
| Below 6 months. | ||||
| 6 months to 1 year | ||||
| 1 to 2 years | ||||
| 2 to 5 years |
Table 4: Length of jail sentences under Article 184,§ 2of the Penal Code
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The Ministry of Justice statistics show that 98% of perpetrators of domestic violence are men. Additionally, the results of a study conducted by Professor Ko³akowska-Prze³omiec indicated that 81% of the victims are the perpetrators' wives, 8% mothers, 5% former wives, 3% women live-in partners, 2% parents-in-law, and 1% children.
The Ministry of Justice also reported that women are the perpetrators in only 1.5 - 2% of the total cases of domestic violence, the majority of which concern child abuse. Thus, one can determine from these numbers that men are also overwhelmingly represented in cases of spouse abuse. Unfortunately, the only data kept relate to the sentencing of perpetrators, not victim characteristics.
According to ministerial
statistics, approximately fifty abused women per year attempt
suicide and two hundred murder cases per year can be traced to
a family dispute.
During the nineties, visible progress was made in implementing assistance programs for women who are victims of violence. Newly established women's non-governmental organizations provide abused women with various forms of assistance. There is a wide range of programs against violence managed by local agencies fighting alcoholism and/or the National Emergency Center for the Victims of Domestic Violence "Blue Line", set up in 1994 by the national Agency for Solving Alcoholism Related Problems (PARPA)
In 1997, the Emergency Center "Blue Line" and PARPA undertook to set up a Nationwide Network of individuals, organizations and institutions Assisting Victims of Domestic Violence Blue Line. Network incorporates at the same time governmental and non-governmental organizations working against alcoholism. The differences between the ways domestic violence was addressed by women's groups and agencies dealing with alcoholism became all too obvious. Men often managed by men and they focused on the family as a whole and offered assistance to male perpetrators of violence. They did not perceive domestic violence in terms of power relations in the family and offered family therapy as the main solution to the crime of violence against women.
Solving the problem of domestic violence by creating the network of programs and organizations whose main aim is to combat alcoholism, and financing its activities from the funds of these organizations may enhance the stereotype about close connection between alcoholism and violence against women. Moreover, it may result in reducing the funds available to other programs designed to prevent and combat domestic violence. Public authorities financing the programs run by those agencies may be unwilling to provide funding to other organizations, including women's organizations which are often seen as ideologically incorrect.
Women's organizations and other domestic violence programs provide mostly legal and psychological assistance; they run hotlines and shelters. It should be noted, however, that only a small number of these NGOs are actually able to provide specialists care to women and children who are victims of violence.
One of the leading women's organization is the Warsaw based Women's Rights Center. The Center offers a wide range of professional, legal and psychological, assistance programs, it has published several legal guides (the series: "Learn about your rights", e.g. If You Are a Victim of Violence), numerous leaflets and brochures (the series: Myths and Reality) intended for the victims and for general public. The publications are very popular: there have been orders placed by the police, welfare agencies, courts, non-governmental organizations and agencies combating alcoholism. The distribution covers all Poland.
The Women's Rights Center is also involved in organizing training and seminars about domestic violence for the police and prosecutors. Recently, the Center has launched a program aimed at creating an integrated intervention system against domestic violence, based on the Duluth model.
In 1995, the Center started to organize in Poland the "Tribunal - Violence against Women". The following tribunals were organized in 1997 and 1999 in the main room of the Warsaw district court. The tribunals were designed to provide a platform for women who are victims of domestic and institutional violence. The guests at the tribunals, the renowned authorities in their areas of expertise, listened to personal testimonies of the victims, commented on them and recommended solutions. Among those attending were, police the representatives of the justice system, public figures, decision-makers and women who had had similar experiences. The tribunals were widely covered by the media; the women's testimonies, some of them shocking, reached millions of TV viewers and newspapers' readers thus raising public awareness of violence against women. The tribunals also helped to attract public attention to the problems of revictimization and women's rights violations by the police, prosecution, judicial and social services systems. Moreover, they made law enforcement personnel and general public more sensitive to the issue of violence.
The Women's Rights Center has been also involved in advocating legislative changes; the Center developed the draft of an "act to combat violence in intimate relationships", and has lobbied among the lawmakers in order to enact the new law.
Generally speaking, Poland lacks places where women can seek refuge or assistance. Women who are victims of domestic violence have only a very limited access to legal and psychological assistance. The number of shelters for battered women is far too low to meet the needs - in some regions of Poland, there are no shelters at all, and in some other regions the shelters are not able to provide comprehensive, professional assistance. A large percentage of existing shelters serve only the needs of the homeless or of the mothers with small children. The lack of knowledge and understanding of the nature, causes and effects of domestic violence, as well as low levels of professionalism among the staff of such shelters are the reasons that women are not provided with adequate assistance. Women residents are often forced to conform to the humiliating rules or statutes that gravely violate fundamental human rights. The Women's Rights Center has received information about the cases of women who were accused of being provocative and, in fact, responsible for the violence they experienced. In other cases women are instructed how to please their husbands to minimize the risk of violence. Sometimes the staff of a shelter tries to negotiate with a perpetrator to obtain his permission for his wife to return home. Males manage a large number of shelters for homeless and battered women. One of the non-governmental organizations led by a man runs several shelters all over Poland. The philosophy of these shelters has been based on the following principal: those who had earlier solved their own problems (e.g. drug or alcohol addiction, homelessness) should provide assistance. In practice, however, this interesting approach leads to numerous abuses, sometimes related to the fact, that males who often have a criminal record manage the shelters for women. Women who were forced to flee their violent husbands are often sexually harassed or assaulted by the male staff of these shelters. Under restrictive rules, adopted by most shelter women, personal freedom of women residents is dramatically curtailed. For example, women are not allowed to look for a job beyond their "homelessness kingdoms". Women must be ready to work any time, night or day, they are forced to deposit money with the shelter's manager, they are not allowed to leave the shelter on their own, and their mail is controlled. Any disobedience or departure from the rules is punished by the removal from the shelter.
The Women's Rights Center in December 1998 initiated a protest petition against human rights violations in the shelters and against the lack of control over the controversial programs financed from public funds. Although the petition was signed by numerous organizations, it was ignored by the authorities.
The 1999 administrative reform of Poland, provided for the creation of Crisis Intervention Centers and Family Assistance Centers run by local governments. As of today (July 1999) just a few of the planned centers have been established. While creating family assistance centers is consistent with the spirit of the governmental pro-family policy, it attempts to obscure the very existence of violence perpetrated by men against women. There is no doubt that this approach will seriously hinder the development of effective programs designed to assist women and children victims of domestic violence.
Despite a relatively
well developed victim assistance system, according to the study
conducted by OBOP (Public Opinion Polling Center) in November
1999, almost two thirds of Polish people have never heard about
any programs against domestic violence operating in their region.
Among the various assistance programs, people most often mention
hot-lines (27%). Although most Polish people believe that providing
help to the victims of domestic violence is a moral duty of every
person, about 50% of the people polled are against interfering
with family affairs, even when violence occurs. Fifty five percent
of those polled responded they would fear the consequences of
such interference, 50% said they wouldn't know which of the spouses
is in the right, and another 46% would be afraid that their action
might indirectly harm the victim. The percentage of people polled
who are against intervening in domestic affairs has grown in comparison
with the 1997 studies.
Rape
According to Polish law, rape is a crime against personal sexual freedom and morality. It is a publicly prosecuted crime but only prosecuted upon the request of a victim. Article 197 (formerly 168) of the Penal Code reads as follows:
2. If the perpetrator,
in a way described in Paragraph 1, makes another person submit
to another sexual action or perform such an action, shall be liable
to penalty of 3 months to 5 years imprisonment.
If the offender commits the crime with particular cruelty, or commits the crime with other people, the jail sentence should range from two to twelve years. In comparison to the Penal Code in force until September 1998, however, this penalty was lowered; under the new code, rape constitutes a misdemeanor not a felony as under the old penal code. Apart from this reduction, the new Code provisions seem to be quite modern: they do not specify the gender of the rapist or the victim, they embrace homosexual rape, marital rape and the rape of prostitutes.
The new Code redefined the meaning of rape: although no Supreme Court guidelines have been issued on this subject, the wording and literature limits the scope of basic definition of rape. The sexual acts covered by the first paragraph seem to be limited to sexual intercourse and not cover other forms of sexual abuse. These other sexual actions, referred to in the second paragraph, are punishable, but the sentences provided under the new law are much lower.
There are positive changes too. For example, according to the new law, gang rape is charged when two or more people commit the crime (before the minimum was three) and the victim cannot withdraw the charges after filing a motion. Thus, the perpetrator will be unable to intimidate her into doing so. The Penal Code does not explain the term "particular cruelty," however, based on the court's guidelines, this term indicates any behavior of the perpetrator not essential to overcome the victim's resistance. It is behavior intended to humiliate the victim, to inflict feel physical or moral pain and suffering, or to cause serious injuries of sexual organs or disfigurement to the victim.
The next change is far more questionable. In the new Code, the rape provision has been included in the chapter devoted to crimes against sexual freedom and morality. Why distinguish between personal freedom and sexual freedom and what is the difference? What is the relationship between rape and morality?
Although the law itself may be criticized, the execution of the law still diverges from its letter. The police and courts commonly treat rape as an everyday incident that results from the provocative behavior of women. The preparatory and judicial proceedings are gender biased and female victims are often treated as if they were the accused.. Often, rape victims are still in shock when they report the crime to the police, although the victim is commonly interviewed for hours at the station. The police often treat the victim in a humiliating way, as if she deserved to be raped. She is commonly humiliated for what happened to her, and sometimes forced to confront the attacker at the police station. These facts raise the question as to whether this procedure violates of the victim's basic human rights.
Judges admit that they often do not take the regulations in force into consideration. In trial, the court focuses its attention on the woman, who must prove that nothing in her behavior might have provoked rape. The behavior and life style of the victims are under scrutiny and play a significant role in sentencing. The fact that a woman must request the crime be prosecuted is a weak point in the law. Many women do not press charges either out of fear of the perpetrator's revenge, because of the humiliating investigative procedure or because they simply do not believe in the effectiveness of the criminal justice system.
In practice, the court takes the victim's sexual life prior to the rape into account. It is generally accepted by legal scholars in Poland, and by the courts that if the victim was passive, or attempted to negotiate with her attacker, she did, in fact, consent to the crime. In these cases, the court evaluates the circumstances surrounding the rape with a more skeptical view of the victim, and is more likely to impose a lighter sentence on the attacker because of the victim's supposed consent. In determining guilt and severity of punishment, the court also considers how the woman was dressed or behaved, and whether she was intoxicated. Usually the court also considers the woman's virginity or whether the victim and the attacker knew each other or have had sexual relations in the past.
Although no accurate data in Poland exists, statistics in other countries show that the victim knew the attacker in a majority of rape cases. It is difficult to prove rape in such circumstances since the attacker will often defend himself by saying that the sex was consensual, or that she enjoyed the brutal sex based on his previous relationship with the victim. Rape and enforced sexual intercourse occur fairly often in marriages; however, many women do believe marriage allows a man to have access to their body any time. Nonetheless, these women are well aware that to prove a rape in marriage is not an easy task and the husband may always say that the sex was consensual. That is why, both before 1991 and at present, marital rape largely remains unreported. Women feel humiliated - they are convinced that reporting this crime will entail additional problems. Considering the ineffectiveness of the Polish judicial system, one cannot but share the doubts of those raped. All kind of violence, including rape in the family, are commonly classified as domestic violence, which diminishes the responsibility of the perpetrator, because the sentence for rape is much higher than for domestic violence. The prosecutor even classified attempted murder as domestic violence in one case known to the WRC.
Rape cases often take a long time; women are often revictimized during the process and their credibility is questioned. Rape is often difficult to prove because there are rarely witnesses and according to the rules of criminal law, the defendant is given the benefit of the doubt. If there are weaknesses in the victim's case, the court will weigh the evidence in favor of the defendant.
Taking into consideration the criminal justice system's unfriendly attitude to victims of rape and the fear, guilt, and shame, imprinted into women's minds by tradition and culture, it is easy to understand why cases of rape are so under-reported. No accurate data in Poland is available but it is estimated that the number of rapes is actually ten times higher than what is noted by the police.
Negligence by law
enforcement agencies is reflected in weak sentencing of the perpetrators
of rape. Statistical data show that the percentage of jail sentences
decreased from 68,3% in 1993 to 60,6% in 1997. Most rapist receive
the minimum sentences stipulated in the Penal Code. The sentences
close to the minimum provided by statute are passed even in the
case of gang rape or rape committed with particular cruelty. Despite
the fact that until 1998 rape constituted felony and was punishable
by imprisonment for not less than 3 years, in approximately 20%
of cases, the courts applied the provisions concerning extraordinary
mitigation of penalty and rapists received a sentence below the
minimum stipulated in the Penal Code. More than 50% of the perpetrators
received the sentences of up to 5 years in jail and only 12% were
sentenced for more than 5 years imprisonment.
Table 3: Sentences
under Article 168, § 1) of the Penal Code
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| Jail |
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| Probation (suspended sentences) |
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Table 4: Length
of jail sentences under Article 168, § 1 of the Penal Code
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Women fallen victims to rape have difficulties in finding specialized psychological assistance and counseling. Practically no rape crisis centers exist in Poland and very few professional psychologists can adequately address the specific problems of the victims of rape. The lack of a well-organized victim service programs is probably one of the main reasons why raped women so rarely press charges against the perpetrators.
Victims may seek help in women's NGOs, but very few provide them with professional assistance that could be helpful in contact with the police and the court. Few hotlines exist where women can talk to professionally trained counselors.
In spring 1999 the Warsaw police have started a training program for policewomen to prepare them for work with rape victims. Chief Warsaw Police Officer delivered an order saying that every woman fallen victim to rape has the right to be interrogated by a policewoman. Both steps are certainly just a beginning and further training for police is required. Meanwhile, however, the reform of the police structure has stopped the program's development.
Women's groups now
seem that they will pay attention to victims of rape and will
better organize their assistance programs, as well as advocacy
efforts around the issue. In the fall of 1998, many women's NGOs
signed a protest letter against low sentencing in a case of gang
rape and a similar one in another rape case. A group of women
who participated in international human rights training have also
launched a new initiative to organize a public campaign around
the issue. As a first step, a public meeting was held for professionals
to discuss the issue and strategies to deal with the ineffectiveness
of the system.
An open discussion on prostitution and trafficking in women is relatively new in Poland. The topic faces a lot of ignorance, misunderstanding, disdain, or, at best, facetiousness and indifference. Despite the fact that Poland has ratified many international instruments concerning forced prostitution and trafficking, these agreements are not implemented and the government refuses to treat the issue seriously. Only due to the efforts of NGOs has the issue of prostitution and trafficking in women been publicly discussed.
Prostitution is not a crime in Poland. According to the Penal Code, only crimes connected to prostitution are subject to prosecution, such as forcing somebody else to engage in prostitution and "pimping."
Article. 203
The law states, "who,
by means of violence, unlawful threat, deceit or taking advantage
of the relation of dependence or of somebody else's difficult
situation forces somebody into prostitution is liable to penalty
of 1 to 10 years imprisonment "
Pimping is punishable for up to three years, unless the other party involved is less than eighteen, whereas the punishment will rise to up to ten years. Ten years of punishment is also anticipated for the trafficking of person abroad. According to police sources, 13,500 prostitutes, including 2,500 foreign prostitutes work in Poland. If a foreign prostitute has a legal right to stay in Poland, she or he is not prosecuted; however, one local government attempted to deport all prostitutes from the country, arguing that they have no labor permit.
The new democracy brought new forms of prostitution. Apart from the prostitution that occurs in the street and in hotels, there is a growing number of brothels or companionship agencies as they are commonly called in Poland. Law enforcement agencies, however, show no concern for these businesses and refuse to take action against their owners. According to the police there are about 1000 companionship agencies currently operating in Poland. There were a few cases of charges brought against their owners for procuring prostitution, but police had difficulties to prove the crime of taking advantage of somebody else's prostitution. These agencies are officially registered businesses in Poland, so the only way the police can intervene is to use preventive methods. Owners of the agencies can also be quite crafty in avoiding prosecution: in employment contract, they often ask women to sign that they are not going to work as prostitutes in the agencies. If a woman is brave enough to testify against her employer, he or she often can find many other witnesses who will reject her testimony.
All former socialist countries (Russia, Ukraine, Bulgaria, and Georgia) also face the new phenomenon of wayside prostitution. According to the Interpol, as well as Polish police reports, wayside prostitution is widespread in Poland. Although no statistic concerning the number of women earning their living in this manner are available, estimates hold that 40% of the highway prostitutes are foreign women. For some, Poland is a transit country, but for many others, the country of destination. Pimps often traffic these women to Poland and are often their friends, brothers, or fathers. Some women who work as call girls do so independently; however, the majority of these women are Polish. A number of foreign prostitutes were deported from Poland; however, as no gender specific statistics exists, it is difficult to say how many among them were women. Foreign prostitutes are less expensive than Polish women and often agree to have sex without a condom.In 1997, the police prosecuted fifty cases against pimps in Poland, and fifty-four other cases on crimes related to prostitution (stealing, forcing somebody to give money).
The sex industry also markets pornographic magazines and films, which are widely distributed in Poland. Pornographic magazines have been available in newspaper kiosks. Some groups, connected to the Catholic Church, campaigned against pornography and challenged pornography's open and unlimited distribution. These groups picked the kiosks that distributed this material and forced newsdealers to stop selling it. They also filed several charges against the distributors. These actions caused the end of the selling of pornographic magazines in many kiosks and some distributors were sentenced. Anti-pornography campaigns forced the court and prosecution to face the definition of pornography, as the law on the subject is vague and inconclusive
Article. 202, §1
"Public presentation
of pornography in a way so that it may impose on the view of other
people is punishable by fine, limited freedom or up one-year imprisonment"
Article 202, §2
"If the person
exposed is under fifteen is punishable by fine, limited freedom
or up to two years imprisonment"
202 §3
Those who produce
and distribute child pornography (of those under the age of fifteen)
or pornography acquired by force can be sentenced by fine, limited
prison or up to five years imprisonment
The legal regulations
regarding trafficking in women were also changed in the new Penal
Code. In the new code, it was incorporated into the Chapter on
sexual freedom and morality and stands as prolongation of provisions
on taking profit from prostitution. It reads as follows:
Article 204 §4
Whoever entices or abducts another person for
the purpose of prostitution performed abroad shall be
liable to the penalty
specified in paragraph 3 of 1 to 10 years' imprisonment.
The term "entices" describes actions by one person who coerces or tricks another person into coming to a place desired by the perpetrator, such as, moving to a new domicile, relinquishing their passport or other important documents, promising legitimate employment, and then forces the person into prostitution. The term "abduct" means taking a person to a place against their will. It is important to mention that in the previous code, even when the person drawn into prostitution agrees to be a prostitute, the person who abducts or entices her could still be found guilty. Under the new law, consent excludes criminal responsibility.
Organized crime groups play a large role in enticing and abducting women and they use many different methods to export prostitutes to Western Europe. Data on this crime is unclear because it is difficult to catch and prosecute those responsible for abducting women; common knowledge in Poland has it that this crime is widespread. Not only does Poland face having women trafficked to the West, it is also a country to which women are trafficked, particularly from other former socialist countries, such as Bulgaria, Rumania, the Ukraine, Belorussia, and Russia.
This crime is also
difficult to prevent because women forced into prostitution, are
often unwilling to speak about the crime upon their return home,
due to fear of stigmatization or revenge. The women try to forget
what has happened to them; they worry that if they speak out,
they will be ostracized by the society and be unable to live a
normal life. Today, there are very few cases in Poland that have
been prosecuted and therefore, data regarding this law are difficult
to obtain. Police filed forty-two cases of trafficking in women
in 1994, thirty-six in 1995, and fifteen in the first quarter
of 1996. Among the thirty-six cases in 1995, ninety-seven traffickers
were accused, thirty arrested, and only five sentenced. According
to the data from the General Prosecutor concerning the cases where
formal charges were filed, 1995 saw forty-five cases, among which
twenty-seven were sentenced. In 1996, twenty-three faced formal
charges, of which thirteen were sentenced. The data above were
provided to the Special Rapporteur on Violence against Women,
Radika Coomeraswamy, during her mission to Poland.
Despite the seriousness
of the crime of trafficking, the government has not paid any attention
to the issue and has not organized or supported any programs aimed
at preventing and combating trafficking. Only through NGOs effort
does the question of trafficking get media attention and victims
of trafficking support. Since 1995, an NGO called La Strada
has been active in Poland, working exclusively on the issue of
trafficking. La Strada cooperates with the Interpol, an
international police force, and with similar organizations abroad
to combat trafficking in women. They run a hotline in Polish and
Russian, monitor individual cases, and help victims. In 1998,
La Strada launched an educational campaign to show young
women the consequences of taking certain job offers and to educate
the public at large about causes and consequences of trafficking.
They also visit schools, particularly the ones near the border
and to areas where many young women may be lured by enticements
of easy money abroad. The problem of trafficking is especially
serious in 0poorer parts of Poland and near the border with Germany.
Despite the efforts by La Strada, no comprehensive system
exists to assist the victim of trafficking, which should include,
for instance, shelter and financial, psychological, and legal
assistance. In order to build such a system, there is a need for
cooperation between countries of recipients and origin and a need
for joint and coordinated programs of assistance to victims of
trafficking.
The law in Poland does
not adequately address the issue of sexual harassment, either
in the Penal, Civil, or Labor Code. Since the issue has been
widely discussed in the chapter on labor market, in this section
we are only going to set forth these provisions of the Penal Code,
which can be applied, to the cases of sexual harassment.
The Penal Code, which entered into force in 1998, does not mention the crime of sexual harassment; however, Article 199, § 1 can be used in more severe cases of harassment. The language of the provision is as follows:
Article 199, § 1
Whoever induces
another person to engage in sexual intercourse or to submit to
other sexual acts or to perform such sexual acts by taking advantage
of his or her position of power or of another person's critical
situation shall be liable to penalty of up to three years imprisonment."
Sexual harassment means that a person, in a position of power that holds some authority over the victim will cause the victim to suffer adverse consequence if he or she does not submit to their sexual demands. According to the Supreme Court guidelines, such relation of subjection can occur between employer and employee, supervisor and subordinate, and teacher and student. Taking advantage of a position of power may occur when a subordinate is obligated to fulfill the orders of his or her superior, and a superior is aware that he is taking advantage of his position to demand sexual favors unrelated in any way to his subordinate's employment.
This type of crime is only investigated if the victim reports it. Because of women's lack of awareness about the possibility of punishment for this kind of crime, difficulties in proving it, and unwillingness to speak about it for fear of losing their jobs, very few cases have been brought to the court. The Ministry of Justice statistics do not even include this offense. Moreover, Article 199 can only be used when sexual harassment occurs by a supervisor towards a person in a subordinate position. It cannot be used when sexual harassment occurs between co-workers, because there is no dependency relationship.
The work of the WRC over last three years has certainly contributed significantly to rise the public awareness about the issue of sexual harassment. The first case the Center handled concerned a woman who worked for a US company. We succeeded in negotiating a one-year salary for her, as a compensation for not going to court and leaving her job. This case was the first the WRC used to publicize the issue of sexual harassment. The interest of the media increased significantly and most of the dailies, as well as magazines and TV and radio programs, covered sexual harassment issues and this client's story. After this media coverage, more and more women contacted the WRC with problems of sexual harassment. The majority of women, however, decided against taking their cases to court or did not have enough evidence to win their case. Another case the WRC handled involved a woman from a factory situated in a small town in the south of Poland. The woman was harassed by her boss and dismissed from her work after she decided to file a complaint at the prosecutor's office. The case pended in court for three years and after a number of appeals, was dismissed three times. The case also went to Labor Court and the woman was reinstated in her workplace after a change in the management in the factory. She, however, lost her criminal case, despite the fact that according to many lawyers, the existing evidence should have been sufficient to prosecute. Significantly, many women harassed by this man refused to testify publicly out of fear of loosing their jobs. The harasser and his relatives have important positions in the factory. The lack of procedures, which would grant safety for women who testify, is quite evident. It is also evident that sexual harassment is still not an issue taken seriously by most of the population.
Sexual Harassment is
a relatively new issue of public debate in Poland and so far ignored
by legislators. A public opinion poll conducted in September 1996
indicated that only 4-6% of women admitted to have been sexually
harassed; however, these optimistic results do not reflects the
real number of sexual harassment incidents in Poland. Rather,
it indicates the low level of social awareness of what constitutes
sexual harassment. The work of the WRC and its first successful
case has significantly contributed to increasing social awareness
of this problem. In the last two years, many articles have been
published on the issue, and it has become a topic on many TV and
radio programs.
The first government agency which took up the issue of violence against women was the National Agency for Solving Alcoholism Related Problems (PARPA). In 1994 the Agency set up a free hot line (the so called "Blue Line") for the victims of violence, which later became an independent institution. PARPA has also established a network of programs against domestic violence operating in cooperation with local government bodies designed to combat alcoholism. In November 1997, the National Agency for Solving Alcoholism Related Problems launched a nation-wide campaign "Stop Domestic Violence" and proclaimed November the "month against domestic violence". During the campaign the issue of violence was widely discusses in the media: television, radio and the press. Newspapers published telephone numbers of organizations providing assistance to victims of violence. Posters and billboards displayed in public places throughout Polish large towns encouraged society to break the silence surrounding domestic violence. The Agency has been also involved in organizing training and conferences, mainly for the members of local communities working for welfare centers and programs to combat alcoholism.
Another effort to combat violence against women was made by the government in 1995, after the UN Conference on Women. One of the chapters of the National Plan of Action for Women until the year 2000, prepared by the Governmental Plenipotentiary for Family Affairs was devoted to the issue of violence against women. The chapter was very extensive and contained legal, institutional and programmatic recommendations for governmental agencies responsible for its implementation. The program also included the section on the role and tasks of non-governmental organizations concerned with violence against women. The weak point of the program was that there were no budgetary funds allocated for its realization. The program was prepared as a joint effort by government officials and women activist who worked on its development for two years before it was finally accepted by the government. Finally adopted version gave hope that, if implemented, it would allow the creation of an effective and coherent system to prevent and combat violence against women. Unfortunately, the program has never been implemented. New Governmental Plenipotentiary for Family Affairs, Mr Kazimierz Kapera, and his successor, Ms Maria Smereczyñska, both responsible for the implementation of the program, have practically done nothing to put it into effect. Non-governmental organizations are often denied access to information on progress reports concerning the implementation of the program, which are, from time to time, submitted by the plenipotentiary.
Another governmental program, "Combating Violence - Equalizing Chances", developed by the plenipotentiary of the former (Democratic Left Alliance) government in cooperation with the UNDP have never been implemented in its original form either. This program provided for the funding of 10 regional centers, which were meant to provide comprehensive assistance to the victims of domestic violence. The program also included financial help and empowerment of women. After the new government came to power in November 1997, the realization of the program was suspended for many months. Later the program was heavily modified and its main goals and assumptions were dramatically changed. Another competition was announced to select organizations, which would participate in the program. Most of the selected organizations were ideologically and politically correct and fully agreed with the governmental policy.
The government positions on violence against women reflect the views of its plenipotentiary for family affairs who is widely known as an ultra-conservative catholic fundamentalist. On several occasions he publicly questioned the very existence of violence against women and claimed that men were as often the victims of domestic violence as women. In his "Report on the Situation of Polish Family", in the chapter on violence, violence against women has not been mentioned at all. This chapter is one of the shortest in the Report and it refers exclusively to violence against children. The plenipotentiary publicly criticized the campaign against violence of 1997. He claimed that the campaign had been in fact directed against the family. He argued that presented in the campaign picture of men as the perpetrators of violence campaign might dissuade young women from marrying. According to Mr Kapera, Polish men are kind and they treat their wives and partners gentlemanly.
The changes introduced
to the program Combating Violence - Equalizing Chances, as we
said above, were so drastic that its content has, in fact, become
incompatible with the title. The new version of the program has
been aimed at assisting "high risk families and youth that
are victims or at high risk of violence. The wording of the program
is gender neutral and it is designed to prevent violence in the
family and violence among the young by combating the causes of
violence and by strengthening family ties. This goal should be
achieved by:
The family centers which are to be financed from the fund created under the program "Combating Violence - Equalizing Chances" should provide comprehensive assistance to women, men and children who are victims of violence. Assistance provided under the program is intended for the family as a whole. The authors of the document suggest that the new version of the program should be included into the structures created within the framework of the new administrative division of Poland. The centers could be incorporated into Family Assistance Centers created within local government structures. Family Assistance Centers will provide family therapy, including youth and family counseling and other forms of family assistance (e.g. in the cases of employment or housing problems). The responsibilities of psychologists employed in such centers will include mediation and a group therapy for the victims and perpetrators of violence.
There is no doubt that the program in the present version has not been designed to empower women and children who are victims of violence. Nor has it been meant to equalize the chances and rights of victims and perpetrators. The program does not provide any measures to equalize the chances of women victims of violence and women who has never been abused. The approach adopted by the authors of the program, which has been based on mediation and family therapy, clearly shows their intentions. Assistance to the victims of violence is not given any priority in the program; women and children who have been harmed by their violent family members are seen as individuals but as parts of the family, which should be saved by mediation and therapy.
In our opinion this approach to the problem of domestic violence is dangerous. It seems most likely that in the current political situation nearly all-available funds will be allocated to the implementation of this program and, as a result, all alternative assistance programs will be drastically curtailed. The implementation of the program may contribute to the revictimization of women and children who are victims of violence.
In the Fall of 1998, the National Police Authorities sanctioned the introduction of the so called "blue cards" (exemplary forms of domestic incident reports) in the whole territory of Poland. The cards were designed to be used by police officers during interventions in the cases of domestic violence. They were meant to unify and simplify the documentation of the reported cases of violence. One of the "blue cards" provides a victim with the information on his or her rights and includes telephone numbers of institutions involved in assisting the victims of violence. Another card contains guidelines for gathering and documenting the evidence at the crime scene. There is no doubt that the authors of "blue cards" had good intentions. We are all aware of the need to introduce a coherent system of documenting the incidents of domestic violence and advising the victims of their rights. However, we have some reservations about the manner in which the system was introduced and about the content of the "blue cards". Moreover, it turned out that, despite the order issued by the National Police Authorities, the new system is being introduced inefficiently. In most cases, the police do not use the cards, unless a woman demands that they are used to document an incident. Additionally, even when the cards are properly filled out, the absence of the coordinated information system and generally bad organization of the police work give rise to serious problems with processing and making use of the gathered information. One of the cards, "Request for Help", which should be filled out by a woman victim of violence, was first rejected by the police as unlawful but finally was sanctioned by the police authorities. The card suggests that domestic violence is prosecuted upon the request of a victim, which seems to be in contradiction with existing law. Moreover, it may strengthen the false but widespread belief held by many police that they are not obligated to proceed without a victim's request. In Poland, however, domestic violence is publicly prosecuted and no request of a victim is required to initiate legal proceedings, while, pursuant to the principle of legality, the police are obligated to take legal action in each and every case when a well justified suspicion arises that a crime has been committed. Implementation of the "blue cards" system shifts the responsibility for initiating prosecution to the victim, thus, giving the police a pretext to abandon legally required proceedings. As a result, many policemen who use the "blue cards" instead of initiating inquiry on the basis of documented evidence, require a victim to make a statement that he or she requests the police to take action within their powers. A woman is given the card informing about victim's rights but there is practically no information on the local organizations which provide assistance to the victims of violence, except the telephone number of the "blue card" hot-line. This limited information seriously diminishes women's access to available assistance centers.
In the Spring of 1999, the Ministry of Justice took the initiative to develop the "Victims' Rights Charter", and to set up an organization which would provide assistance to the victims of crimes, including, inter alia, lobbying for the creation of Compensation Fund for the Victims of Crime. The initiative was supported by a group of specialist in the field of penal law, several scholars and non-governmental organizations invited by the minister. This initiative should be highly evaluated as an effort to equalize the rights granted to victims and perpetrators of crimes in preparatory and judicial proceedings. One should hope that the promotion of the Victims' Rights Charter would rise the standards of work of the criminal justice professionals. On the other hand this document can not be used to promote legal literacy among victims. It is doubtful whether the responsibility for the running of the Compensation Fund should be shifted to a newly created non-governmental organization. In our opinion the government should be responsible for inefficiency of administration of justice and it is the government that should organize the fund and provide it with financial resources necessary to compensate the victims.
The government's neglect
of violence against women has been recently clearly reflected
in the newest report on public safety. The report, which was prepared
by the Ministry of the Interior, contains information on all types
of crime, with the exception of rape and domestic violence.
In recent years, the
state's policy on violence against women has gone through several
radical changes. Instead of coherent policy aimed at building
an effective system to combat violence we have seen several policy
turns and dramatic changes in the approach to the issue. The lack
of continuation in the policy of the government is particularly
dangerous in Poland, where violence against women has been hardly
recognized as a grave social problem. In the Summer of 1999, Polish
right wing politicians and their ideology were strongly supported
by the Pope who paid another visit to his homeland. The Pope emphasized
again the importance of the unbreakability of marriage and preached
that "everybody should patiently carry his or her cross".
It seems, however, that the awareness of the gravity of violence
against women has recently grown, and that positive changes gas
gone too far to be reversed by the conservative propaganda and
policy of the present government.
Another tendency which
hampers the development of an effective system to combat violence
against women is the fact, that the programs to combat violence
are usually combined with programs fighting alcoholism. This unfortunate
organizational connection reinforces the strong existing stereotype
about alcoholism as an exclusive cause of domestic violence. We
are also concerned about ideas to equalize assistance for the
victims and for the perpetrators and by the efforts to coordinate
work with the victims and the perpetrators made by single social
institutions. That kind of policy was recommended at the IV National
Conference "Stopping Domestic Violence - Our Common Concern",
organized jointly in December 1999 by the National Agency for
Solving Alcoholism Related Problems and the National Emergency
Center for the Victims of Domestic Violence.
The changes Poland
is going through are not easy. Women's non-governmental organizations
cannot depend on ephemeral promises made by the government; they
should rather try to develop their own, alternative programs,
independent of the current political atmosphere. They should
also seriously focus on awareness raising and educating society,
including the employees of administration of justice - about the
problem of violence against women. The women themselves should
also learn about their rights.
The most important
task, however, is to adopt the new laws which would more effectively
protect the victims of all types of violence and would equalize
the rights of victims and perpetrators. The legislators should
provided clearly worded definitions and formulate specific executive
regulations; it could help to narrow the gap between the letter
of law and law in practice and it could help to build an effective
barrier against the prejudices and stereotypes of those who are
responsible for putting the law into effect. The Women's Rights
Center has launched a campaign to change Polish law from collecting
signatures under an appeal to the Ministry of Justice to introduce
legislation (protective or restrictive order) which will enable
the police to remove the perpetrators of domestic violence from
their household. Our appeal refers to the recommendations to the
Polish government issued by the European Union and the UN Human
Rights Committee. The Women's Rights Center developed its own
draft of a law to combat violence in intimate relations and is
seeking allies in the executive and legislative who would like
to introduce the proposed legislation for consideration in the
parliament.
Reinforcing international women's rights mechanism could be helpful in building an effective system aimed at combating violence at national level. Slow progress of work on international standards concerning violence against women and weak instruments of their implementation may suggest that international bodies, after all, male dominated - still do not recognize the gravity of violence against women.
Objective1. Prepare
and conduct informational campaign that address the issue of violence
against women and promote a policy "zero tolerance for violence
against women"
Actions to be taken:
Objective 2.
Provide protection and assistance to women victims of violence
within and beyond the family.
Actions to be taken:
Objective 3.
Provide access to appropriate therapy and rehabilitation services
for abusers. Elaborate system of data collection and qualitative
analyses of violence against women.
Actions to be taken:
Objective 3.
Undertake informational campaigns on the issues of trafficking
in women and prostitution, their specific characteristics, manifestations
and extent. Create prevention and assistance systems for victims
of trafficking in women and sexual abuse of children and youth.
References: