Social And Cultural Rights Of Refugees In Poland
Presented by: Prof. Dr. Syryt
Date: 2 May 2024
A Plan Of The Presentation
- General Constitutional Foundations for Freedoms and Rights of Foreigners in Poland
- Basic legal acts, which determine the manner of exercising the freedoms and social and
cultural rights of foreigners in Poland
- Examples of legal solutions within the framework of the implementation of social and
cultural freedoms and rights of foreigners in Poland
Constitutional Foundations For The Protection Of Freedoms And Rights Of Foreigners
In Poland
- Article 30 of the Constitution of the Republic of Poland
• The inherent and inalienable dignity of the human person is the source of
freedom and rights of man and of the citizen. It is inviolable and it is the duty
of public authorities to respect and protect it.
- Article 37 of the Constitution of the Republic of Poland
• 1. Whoever is under the authority of the Republic of Poland enjoys the freedoms
and rights guaranteed by the Constitution.
• 2. Exceptions to this rule, relating to foreigners, are set out in the Act.
- Act of 13 June 2003 on Granting Protection to Foreigners on the Territory of the
Republic of Poland
Who Can Benefit From The Support In Social Matters?
- Foreigners who have their place of residence and stay in the territory of the Polish in
connection with obtaining refugee status or subsidiary protection in the Republic of
Poland.
What Kind Of Support Do Refugees Receive Under The Law?
- Social assistance
- Medical care
Assistance Provided At The Refugee Centre
- a) accommodation,
- b) all-day collective meals or cash equivalent in exchange for meals,
- c) pocket money for small personal expenses,
- d) permanent cash assistance for the purchase of cleaning and personal hygiene
products,
- e) one-off cash assistance or vouchers for the purchase of clothing and footwear,
- f) learning the Polish language and basic materials necessary to learn this language,
- g) teaching aids for children receiving education and care in public institutions, primary
schools or post-primary schools;
- h) covering, as far as possible, the costs of extracurricular and recreational and sports
activities of children,
- i) financing of journeys by public transport:
• In order to take part in proceedings for the grant of international protection,
• For the purpose of treatment or vaccination,
• In other duly justified cases
Assistance Outside The Refugee Centre
- Assistance provided outside the center consists in the payment of a cash benefit to cover
the costs of stay in the territory of the Republic of Poland, excluding the costs of
medical care (cash benefit).
Medical Care
- Medical care includes health care services to the extent that persons covered by
compulsory or voluntary health insurance are entitled to benefits under the Act of 27
August 2004 on healthcare services financed from public funds, with the exception of
spa treatment or spa rehabilitation.
- Medical care is provided on the basis of civil law contracts concluded between the Head
of the Office and healthcare providers within the meaning of the provisions of the Act
mentioned above.
Act of 12 March 2022 on Assistance to Ukrainian Citizens in Connection with the Armed
Conflict on the Territory of Ukraine
- The Act lays down special rules for the legalization of the stay of Ukrainian citizens
who came to the territory of the Republic of Poland from the territory of Ukraine in
connection with military operations conducted on the territory of this Republic and
citizens of Ukraine who hold the Pole's Card and who came to the territory of the
Republic of Poland with their immediate family due to these hostilities.
Examples Of Support Based On The Act
- In employment
- The possibility of registering as unemployed or looking for a job
- Entitlement to social benefits (e.g. Family, educational, crèche-related benefits,
- Medical services and access to medicinal products (excluding spa treatment and
rehabilitation)
- Psychological help,
- Food aid
- Support for people with disabilities
Summary
- From the Polish Constitution it is possible to derive guarantees of social and cultural
rights for foreigners, and therefore also for refugees;
- In view of the fact that protection at the constitutional level is provided to citizens, the
implementation of these constitutional and statutory standards should be sought in
statutes. In Poland, there are laws and administrative services dealing with a given
matter
- The main rights in the field of social rights relate to social benefits, medical care, but
also assistance with education
- A given standard resulting from the Constitution RP and international law is
implemented by the legislator, and in practice by public administration bodies
