Current Version
| Region | Poland |
| Issue | Bathroom access |
| Status | No explicit protections |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Polish sanitary, building, and institutional law does not contain and has never contained dedicated norms regulating access to restrooms on the basis of gender, as the concept of gender does not exist in the Polish legal system. For individuals after a legally binding sex reassignment process (which has been legal in Poland since 25 February 1978 pursuant to the Supreme Court resolution, case no. III CZP 100/77), access to appropriate infrastructure is legally self-evident and protected under general principles of personal rights protection (ensured in this context since 22 March 1991 by the Supreme Court decision, case no. III CRN 28/91, based on Articles 23 and 24 of the Civil Code), as in the eyes of the law they are persons of that sex. In the case of individuals prior to formal sex reassignment in documents, the legal system has maintained a state of non-regulation. Both in occupational health and safety technical-sanitary requirements in workplaces (Annex No. 3 to the Regulation of the Minister of Labour and Social Policy of 26 September 1997) and in technical conditions for buildings (§ 84 of the Regulation of the Minister of Infrastructure of 12 April 2002), there are no provisions prohibiting entry under penalty of sanction, nor are there statutory guarantees directly protecting such access. |
| Sources | https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19640160093 https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19971290844 https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20020750690 https://bip.brpo.gov.pl/pl/content/rpo-pg-osoby-transplciowe-uzgodnienie-plci-pozywanie-dzieci-malzonka-sn-uchwala |
Revision History (2)
| Old Value (Original) | New Value (Current) | |
|---|---|---|
| Description | Polish sanitary, building, and institutional law does not contain and has never contained dedicated norms regulating access to restrooms on the basis of sex or transsexualism, as the concept of gender does not exist in the Polish legal system. For individuals after a legally binding sex reassignment process (which has been legal in Poland since 25 February 1978 pursuant to the Supreme Court resolution, case no. III CZP 100/77), access to appropriate infrastructure is legally self-evident and protected under general principles of personal rights protection (ensured in this context since 22 March 1991 by the Supreme Court decision, case no. III CRN 28/91, based on Articles 23 and 24 of the Civil Code), as in the eyes of the law they are persons of that sex. In the case of individuals prior to formal sex reassignment in documents, the legal system has maintained a state of non-regulation. Both in occupational health and safety technical-sanitary requirements in workplaces (Annex No. 3 to the Regulation of the Minister of Labour and Social Policy of 26 September 1997) and in technical conditions for buildings (§ 84 of the Regulation of the Minister of Infrastructure of 12 April 2002), there are no provisions prohibiting entry under penalty of sanction, nor are there statutory guarantees directly protecting such access. | Polish sanitary, building, and institutional law does not contain and has never contained dedicated norms regulating access to restrooms on the basis of gender, as the concept of gender does not exist in the Polish legal system. For individuals after a legally binding sex reassignment process (which has been legal in Poland since 25 February 1978 pursuant to the Supreme Court resolution, case no. III CZP 100/77), access to appropriate infrastructure is legally self-evident and protected under general principles of personal rights protection (ensured in this context since 22 March 1991 by the Supreme Court decision, case no. III CRN 28/91, based on Articles 23 and 24 of the Civil Code), as in the eyes of the law they are persons of that sex. In the case of individuals prior to formal sex reassignment in documents, the legal system has maintained a state of non-regulation. Both in occupational health and safety technical-sanitary requirements in workplaces (Annex No. 3 to the Regulation of the Minister of Labour and Social Policy of 26 September 1997) and in technical conditions for buildings (§ 84 of the Regulation of the Minister of Infrastructure of 12 April 2002), there are no provisions prohibiting entry under penalty of sanction, nor are there statutory guarantees directly protecting such access. |
Show Difference | ||
| Original entry | |
|---|---|
| Status | No explicit protections |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Polish sanitary, building, and institutional law does not contain and has never contained dedicated norms regulating access to restrooms on the basis of sex or transsexualism, as the concept of gender does not exist in the Polish legal system. For individuals after a legally binding sex reassignment process (which has been legal in Poland since 25 February 1978 pursuant to the Supreme Court resolution, case no. III CZP 100/77), access to appropriate infrastructure is legally self-evident and protected under general principles of personal rights protection (ensured in this context since 22 March 1991 by the Supreme Court decision, case no. III CRN 28/91, based on Articles 23 and 24 of the Civil Code), as in the eyes of the law they are persons of that sex. In the case of individuals prior to formal sex reassignment in documents, the legal system has maintained a state of non-regulation. Both in occupational health and safety technical-sanitary requirements in workplaces (Annex No. 3 to the Regulation of the Minister of Labour and Social Policy of 26 September 1997) and in technical conditions for buildings (§ 84 of the Regulation of the Minister of Infrastructure of 12 April 2002), there are no provisions prohibiting entry under penalty of sanction, nor are there statutory guarantees directly protecting such access. |
| Sources | https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19640160093 https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19971290844 https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20020750690 https://bip.brpo.gov.pl/pl/content/rpo-pg-osoby-transplciowe-uzgodnienie-plci-pozywanie-dzieci-malzonka-sn-uchwala |