POLAND
The Commissioner
for Civil Rights Protection

Constitution of the Republic of Poland

- adopted by the National Assembly on April 2, 1997
- approved by the People in the Constitutional Referendum
on May 25, 1997
- signed by the President of the Republic of Poland
on july 16, 1997

Chapter II.

FREEDOMS, RIGHTS AND OBLIGATIONS

OF PERSONS AND CITIZENS

(excerpt)

MEANS FOR THE DEFENCE OF FREEDOMS AND RIGHTS

(excerpt)

Art. 80

In accordance with principles specified by the statute, everyone shall have the right to apply to the Commissioner for Civil Rights Protection for assistance in the protection of his freedoms or rights infringed by organs of public authority.

Chapter IX.

ORGANS OF STATE CONTROL

AND FOR THE DEFENCE OF RIGHTS

(excerpt)

THE COMMISSIONER FOR CIVIL RIGHTS PROTECTION

Art. 208

1. Commissioner for Civil Rights Protection shall guard human and civic freedoms and rights specified in the Constitution and other legal acts.

2. The scope and manner of the operation of the Commissioner for Civil Rights Protection shall be specified in the Law.

Art. 209

1. The Commissioner for Civil Rights Protection shall be nominated by the Sejm upon the approval of the Senate for 5 years.

2. The Commissioner for Civil Rights Protection shall not occupy other position, with the exception of that of a university professor, nor shall he carry out other professional commitments.

3. The Commissioner for Civil Rights Protection shall not be affiliated with any political party, trade union and shall not perform any public activities which could not reconcile with the dignity of his office.

Art. 210

The Commissioner for Civil Rights Protection shall be autonomous and independent from other state bodies and shall be responsible only before the Sejm as stipulated by the Law.

Art. 211

The Commissioner for Civil Rights Protection shall not be subject to penal liability nor shall be deprived of liberty without the earlier consent of the Sejm. The Commissioner for Civil Rights Protection may not be detained or arrested, with the exception when caught red-handed in the act and if his detention is indispensable to secure correct proceedings. The detention shall be immediately notified to the Speaker of the Sejm, who may order immediate release of the detainee.

Art. 212

The Commissioner for Civil Rights Protection shall present each year information to the Sejm and Senate about his activities and the state of the observance of human and civic freedoms and rights.