Volume XXIII
Issue
3
Date
2022

War on Retrogression in Gender Equality: The Implications of Poland's Systematic Failure to Protect Fundamental Human Rights and the Need for International Intervention

by Arianna Rappy

Violence against women is one of the most prevalent human rights violations in the world, yet a significant portion of the population lacks legal protection. Gender-based violence (GBV) is deeply rooted in structural inequalities and power imbalances, endangering the health, safety, dignity, and autonomy of its victims. Due to gaps in criminal law, victim blaming, gender stereotypes, and State failure to adequately combat violence against women, the dangers women face continue to worsen. Although GBV is a global epidemic, this Note specifically examines the status of women in Poland, a country with antiquated laws and a commitment to undermine women’s individual rights. In July 2020, Poland announced its intentions to begin the process of withdrawing from the sole European treaty on violence against women. This Note argues that the Polish government’s decision to leave this treaty, in addition to its continuous failure to prevent and protect survivors from GBV, is a violation of its obligations under international human rights law. Absent international intervention, survivors of domestic violence remain inadequately protected from their perpetrators under Polish law. Further, this Note proposes measures that international organizations could take to strengthen and expand the scope of international law to improve Poland’s compliance and preserve women’s rights.

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