Centre for Hate Studies Submits Report on Anti-LGBTI Hate Crime in Poland for United Nations Review

The Centre for Hate Studies at the University of Leicester has produced a report outlining the shortcomings in Poland’s response to anti-LGBTI hate crime and hate speech.

The report, published on the CHS website, provides a detailed analysis of Poland’s responses to anti-LGBTI hate crime and hate speech, highlighting systemic gaps and barriers that hinder effective protection and justice for LGBTI individuals.

The report responds to a call issued by the United Nations Independent Expert on Sexual Orientation and Gender Identity who will visit Poland in November.

The Independent Expert will meet with officials and gather inputs from civil society and experts to learn about the country’s legal and institutional frameworks, policies, and practices related to protecting LGBTI people from violence and discrimination.

Reports such as the one prepared by the CHS will help the UN Independent Expert form an opinion on critical issues, such as hate crime and hate speech.

The CHS report highlights the alarming scale of violence against LGBTI people in Poland—lesbians, gay men, bisexual, transgender, and intersex individuals—and the significant gaps in the country’s response to such violence.

A 2020 EU-wide survey revealed that 15% of LGBTI respondents in Poland had experienced physical or sexual attacks in the five years prior, while 42% reported harassment in the past year due to their identity. Both figures exceed the EU average, indicating that LGBTI individuals in Poland face heightened risks of violence and harassment.

Despite these concerning statistics, Poland’s parliament has repeatedly declined to extend hate crime laws to protect sexual orientation and gender identity, leaving LGBTI people without sufficient legal protection or access to justice.

While a new hate crime bill was introduced in March 2023—a step noted as positive by the CHS—many expert recommendations were ignored and the works on the bill have stalled.

The absence of legal protections is compounded by inadequate law enforcement training.

One troubling case involved a gay man in Warsaw who was attacked by a 13-year-old boy with a metal stick. Due to current Polish law, the victim was required to pursue a private prosecution, which he ultimately chose not to, despite suffering head injuries.

Private prosecutions place a heavy burden on victims, and the CHS identifies this as a key barrier preventing LGBTI victims from seeking justice.

In 2022, only 11 cases of anti-LGBTI hate crimes were officially recorded by the police in Poland. While every country measures hate crimes differently, this is a stark contrast to Spain, a country of similar size, and even Finland, which is much smaller.

The report argues that official data fails to capture the true extent of anti-LGBTI violence, with many incidents going unreported.

According to the EU survey, only 16% of LGBTI victims in Poland reported their most recent physical or sexual attack.

Apart from doubting that authorities would take action, many victims report fearing a homophobic or transphobic response from the police.

In 2020, Polish police clashed with groups protesting the arrest of a non-binary activist Margot Szutowicz. Over 40 people were detained many of whom reported mistreatment, including being forced to undress for police searches, sometimes repeatedly. An anti-torture watchdog classed this as humiliating and, in some cases, inhuman treatment.

The CHS report highlights that anti-LGBTI hate speech in Poland remains largely unaddressed by existing legislation. Public figures and politicians frequently use inflammatory rhetoric, often referring to “LGBT ideology” in a derogatory manner.

While much of the hate speech circulates online, its effects are also evident in public spaces. In several cities, homophobic stickers were found in public areas, some of which were booby-trapped with razor blades designed to injure those trying to remove them.

This trend underscores the growing hostility towards the LGBTI community in Poland.

The CHS report observes that most support for LGBTI people who experience violence comes from charities, who fill the role of the state in providing legal and psychological assistance. This work is however difficult without adequate and sustainable funding.

Following the Independent Expert’s visit in Poland, which is scheduled for the second half of November, the United Nations will publish a report in which it will make recommendations on how to improve the fight against discrimination and violence against LGBTI people in Poland.

The CHS report suggests that the key recommendations should be on enacting and implementing laws covering anti-LGBTI hate speech and hate crimes.

Samuele D'Auria, PhD student at the University of Leicester’s School of Criminology, Sociology, and Social Policy, and co-author of the report, said:

“Poland has received a lot of international recommendations to improve state responses to anti-LGBTI violence and hate speech. There was hope that the new government would step up the fight against homophobia and transphobia, but progress has been slow. The work on amending the hate crime legislation, which we’ve documented, has been dragging on.

“We hope that the findings from this report will help the Independent Expert assess Poland’s current situation and shape recommendations for better protecting LGBTI people and other communities affected by targeted violence.”

Piotr Godzisz, associate professor in criminology and co-director of the Centre for Hate Studies, and co-author of the report, said:

“States have an obligation under international law to respond to hate crimes and hate speech and ensure that victims have access to justice. The United Nations country visit is an opportunity for us to highlight key issues that we believe affect the access to justice for LGBTI victims.

“The CHS report was developed in consultation with Polish civil society organisations who are addressing a wide range of anti-LGBTI discrimination issues. We agreed that our submission would help bring much-needed attention to hate crime and hate speech—areas where the Centre for Hate Studies has particular expertise.

“We’ve seen in the past that this kind of advocacy efforts can influence policy as policymakers don’t like to be seen as failing to do their duties. Engaging in this process reflects the Centre’s commitment to applying research in practice to foster social change and improve the lives of hate crime victims.”