In a significant development within Poland’s legal landscape, President Andrzej Duda has requested the country’s Constitutional Tribunal to review an amendment to the Penal Code, which aims to expand the list of protected groups under hate crime legislation to include sexual orientation, gender, and other characteristics. The president’s decision to send the bill for review arises from concerns about potential conflicts with the constitutional right to freedom of speech, which he believes could lead to censorship or misuse if the amendment were enacted (official statement).
The amendment, approved by the Polish parliament in March 2025, builds upon existing provisions that criminalize hate crimes based on national, ethnic, racial, political, or religious affiliations, as outlined in Article 119 of the Polish Penal Code. The initiative to broaden the scope of hate crime protections was propelled by concerns from the Ministry of Justice and the UN Human Rights Council, which criticized the existing legislation for failing to safeguard all vulnerable minorities, particularly those within the LGBTQ+ community (UN concerns).
President Duda’s referral of the bill has sparked criticism from LGBT+ rights activists, including Mirosława Makuchowska, Director of the Campaign Against Homophobia. She voiced concerns that the president’s actions undermine the legal protections against hate speech for several at-risk groups and expressed disappointment over his perceived lack of support for tolerance and inclusivity (local reaction).
Poland has previously faced scrutiny from international bodies regarding its stance on LGBTQ+ rights. In 2023, the European Court of Human Rights determined that the state’s failure to recognize same-sex unions violates the right to privacy under the European Convention. Following this, the government proposed a draft law to recognize same-sex civil partnerships, although its ultimate fate remains uncertain (draft law details).
President Duda’s actions underscore the ongoing debate within Poland surrounding the balance between protecting free speech and ensuring robust legal protections against discrimination. This development is being closely monitored by both national and international observers, eager to see how Poland navigates these complex legal and societal issues.