Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unregistered cohabitation
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires medical diagnosis
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Surveys in Poland have revealed a prevalence of resistance towards LGBTQ+ rights.

Poland Surveys

Opinion on Abolishing "LGBT-Free Zones" in Poland

(OKO Press, 2022)
of Poles believe Poland should abolish the so-called "LGBT-Free zones"
of Poles believe Poland shouldn't abolish the so-called "LGBT-Free zones"

Perception of LGBTQ+ People

Survey results from 5 LGBTQ+ Equaldex users who lived in or visited Poland.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in Poland

?

Homosexual activity in Poland is legal.

Current status
Since Jan 1, 1970
Legal
Consensual same-sex acts were legalized in 1945 after the end of WW2 by the Polish Penal Code. Since 2019 several municipalities have declared themselves to be "LGBT-free zones", while this has no legal standing it does adversely affect LGBT people by opening them up to hate crime. In 1970 homosexuality was completely decriminalized by removing the provision on homosexual prostitution from the penal code.
Jan 1, 1945–Jan 1, 1970
Legal
The 1932 law came into force in Poland again after World War II, but it included homosexual prostitution as a punishable offense. Homosexuality in Poland was fully decriminalized only in 1970.
Added by JuliaB  ·  Report error  ·  Log
Sep 1, 1939–Jan 1945
Illegal (death penalty as punishment)
LGBT people were persecuted by Nazi forces during the German occupation of the Second World War.
Added by beeurd  ·  Report error  ·  Log
Jul 11, 1932–Sep 1, 1939
Legal
Homosexuality is legal.
Added by DuffdeNecker  ·  Report error  ·  Log
Nov 11, 1918–Jul 11, 1932
Ambiguous
During the Second Polish Republic, same sex activity was not legislated against, but was considered taboo.
Added by beeurd  ·  Report error  ·  Log
1815–Nov 11, 1918
Illegal (other penalty)
During the Partitions of Poland, the Polish state had ceased to exist and laws from other states were forced upon the lands. in 1945 Russia's penal code specified a punishment of forced resettlement to Siberia.
Added by beeurd  ·  Report error  ·  Log
Until Jan 1, 1815
Legal
Before the Polish partitions, no bans regarding homosexuality were ever mentioned, despite it being considered taboo. There was a time where "brotherly bonds" were made by two people of the same-sex, typically men. According to some historians, this could be considered same-sex marraige. Homosexuality was also weaponised to defame known figures; i.e. kings.
Sources:
No data regarding homosexuality being ever legally banned in this period.
Added by aesper  ·  Report error  ·  Log

Same-sex marriage in Poland

?

Same-sex marriage in Poland is unregistered cohabitation.

Current status
Since Nov 28, 2012
Unregistered cohabitation
The Supreme Court adopted a resolution on the interpretation of Art. 691 k.c. in which it ruled: “A person actually cohabiting with the tenant (within the meaning of Article 691 § 1 of the Civil Code) is a person connected with the tenant by emotional, physical and economic bonds; also a person of the same sex."
Added by JuliaB  ·  Report error  ·  Log
Until Nov 27, 2012
Banned
Article 18 of the Polish Constitution defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.

Censorship of LGBT issues in Poland

?

Censorship of LGBT issues in Poland is no censorship.

Current status
Since Jun 2, 2020
No censorship
No censorship.
Until Jun 1, 2020
State-enforced
Parts of Poland have Called themselves LGBT “Free Zones” in which pride and other equality events are banned and repressed brutally. Mods without sources have changed this entry to something innacurate
Added by JuliaB  ·  Report error  ·  Log

Right to change legal gender in Poland

?

Right to change legal gender in Poland is legal, but requires medical diagnosis.

Current status
Since 1995
Legal, but requires medical diagnosis
Gender marker change requires initiating a court procedure in which the applicant must file an “assessment suit”, manufacturing proceedings between the applicant and their family. This procedure is very subjective and can result in summary dismissal of the applicant’s suit. Conditions can include a “real-life test”, requiring the applicant to have expressed their gender identity publicly for two years (often without any medical intervention) and medical testing, both psychological and physical.
This procedure is based on the Supreme Court decision of 22 March 1991 which interprets the sense of belonging to a gender as “a personal good”, per Article 23 of the Civil Code (1964), meaning that a suit can be brought on this basis under Article 189 of the Code. Another Supreme Court judgment of 22 September 1995 established that parents or guardians of the applicant are the defendants in the lawsuit taken.
Reports produced by Transfuzja showed that a diagnosis of “transsexualism” can be obtained through a series of tests and examinations, both psychological and physical, including head x-rays, genitalia examination and karyotype check. As there are no unified standards to diagnose a person of “transsexualism” in Poland, healthcare providers “recommend” a two-year “real life” test, during which the applicant is required to live full-time as their preferred gender, but they are not prescribed any hormonal treatment and they are still unable to change their legal status. While it is possible to receive hormonal treatment without a diagnosis, this practice can complicate legal gender recognition court procedures.

In the resolution of the Court Supreme Court (ref. no. III CZP 100/77), the court found admissible gender change without surgery. In the same judgment, the court decided that it was possible to rectify the birth certificate.
Added by JuliaB  ·  Report error  ·  Log
Nov 17, 1964–Sep 22, 1995
Legal, but requires surgery
A medical diagnosis required, and individuals need to sue their parents in order to have their birth certificate changed. Under Polish law reassignment surgery can only take place after a person's gender has been legally changed.

Gender-affirming care in Poland

?

Gender-affirming care in Poland is legal.

Current status
Since 1996
Legal
In 1996, Poland adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Added by JuliaB  ·  Report error  ·  Log
Legal, but restricted for minors
In 1981, the Department of Sexology and Pathology of Interpersonal Relationships was established in Warsaw, which was the first facility in Poland providing help to transgender people, including the diagnosis of gender dysphoria and hormone therapy. Since then, many similar healthcare facilities have been established, including private ones, after the fall of the communist system in Poland.
Added by JuliaB  ·  Report error  ·  Log
Jan 19, 19631981
Restricted
In 1963, the first fully reimbursed gender reassignment surgery in Polish history (MTF) was performed in Warsaw. Until the first health care facility in Poland was established, which specialized in the diagnosis and treatment of transgender people, hormonal therapy and professional diagnosis of gender dysphoria were not possible.
Added by JuliaB  ·  Report error  ·  Log
Until Jan 19, 1963
Banned
Medical transition in Poland is not possible
Added by JuliaB  ·  Report error  ·  Log

Legal recognition of non-binary gender in Poland

?

Legal recognition of non-binary gender in Poland is not legally recognized.

Current status
Not legally recognized
Non-binary gender marker is not available.

LGBT discrimination in Poland

?

LGBT discrimination in Poland is illegal in some contexts.

Current status
Illegal in some contexts
Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. There is no legal protection in all other areas.
Jan 1, 2003–Sep 14, 2018
Illegal
Full Discrimination protection
Added by Ausyk  ·  Report error  ·  Log

LGBT employment discrimination in Poland

?

LGBT employment discrimination in Poland is sexual orientation and gender identity.

Current status
Since Dec 9, 2022
Sexual orientation and gender identity
Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services.
In 2023, the Court of Justice of the European Union declared in a case from Poland (J.K. v TP S.A., Case No. C-356/21) (2023) that freelance workers are also protected by EU law prohibiting discrimination on the grounds of "sexual orientation" in employment. In December of 2022, Joanna ?elek won her case against her employer in regards to transgender discrimination in the workplace, effectively protecting transgender people in the workplace
Added by aesper  ·  Report error  ·  Log
Jan 1, 2011–Dec 9, 2022
Sexual orientation only
The Equal Treamtent Law of 2010 prohibits sexual orientation discrimination in employment.
Added by raymondroca  ·  Report error  ·  Log

LGBT housing discrimination in Poland

?

LGBT housing discrimination in Poland is no protections.

Current status
No protections
Laws in force in Poland do not offer protection against LGBT discrimination in housing. Likewise, there are no protections in education and the attitude of homosexuality as a disease is still commonplace

Same-sex adoption in Poland

?

Same-sex adoption in Poland is single only.

Current status
Since Feb 25, 1964
Single only
General rules regarding adoption are set out in the Family and Guardianship Code, in articles 114 to 127. Formally, there is no prohibition against adopting a child by a single person.
Added by Ausyk  ·  Report error  ·  Log
Until Mar 1, 2021
Single only
Before the current law, single only adoption for gay people was allowed.
Added by aesper  ·  Report error  ·  Log
Until Mar 1, 2021
Illegal
No source supplied
Sources:
No source supplied
Added by PeterGalazka  ·  Report error  ·  Log

Intersex infant surgery in Poland

?

Intersex infant surgery in Poland is not banned.

Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in Poland.
Added by Aleksandar  ·  Report error  ·  Log

Serving openly in military in Poland

?

Serving openly in military in Poland is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Jan 1, 1991
Lesbians, gays, bisexuals permitted, transgender people banned
Legal for LGB people, but not transgender people.
Added by Ausyk  ·  Report error  ·  Log

Blood donations by MSMs in Poland

?

Blood donations by MSMs in Poland is legal.

Current status
Legal
No restrictions on blood donations.
Added by Simo  ·  Report error  ·  Log

Conversion therapy in Poland

?

Conversion therapy in Poland is not banned.

Current status
Not banned
Conversion therapy is not Banned in Poland. The attitude of homosexuality as a disease is still commonplace
Added by Ausyk  ·  Report error  ·  Log

Equal age of consent in Poland

?

Equal age of consent in Poland is equal.

Current status
Since Jul 11, 1932
Equal
Added by PeterGalazka  ·  Report error  ·  Log