Poland - March 2025

On 13 March, the Parliament approved legislation allowing the government to temporarily suspend the right to asylum for up to 60 days at the border with Belarus. The government justified the legislation, arguing that Belarusian authorities are deliberately encouraging migrants to cross the border to destabilise Poland. The suspension period could potentially be renewed indefinitely with parliamentary approval. The law includes exceptions for vulnerable individuals such as unaccompanied minors, pregnant women, and people with special healthcare needs. There has been vocal resistance from civil society, and a network of Polish and European NGOs jointly expressed alarm at the plans in January 2025. The UN High Commissioner for Refugees (UNHCR) has expressed concerns over violations of international law, stressing that the non-refoulement obligation applies even in the context of the “so-called ‘weaponization’ of migrants and refugees.” The law was signed by President Andrzej Duda on 26 March. 

Sources: ReliefWeb, UNHCR, Notes from Poland, International IDEA, Sejm, Euronews 

On 4 March, the Supreme Court adopted a resolution simplifying the procedure for changing gender identification in official documents and lifting family litigation requirements. In the absence of a legal procedure to legally change one’s gender, a practice requiring transgender people to sue their parents or legal guardians to achieve this purpose (even as an adult) had developed. The process was often lengthy, costly and traumatic, particularly when parents were unsupportive. The Supreme Court ruled that this can now be accomplished through non-contentious legal action, and that parents should not be treated as parties with a legal interest in gender recognition cases. The resolution was welcomed by civil society, including the Campaign Against Homophobia (KPH), which called it a step in the right direction, while calling for legislation to provide greater legal certainty for gender recognition.

Sources: Notes from Poland (1), Notes from Poland (2),   Supreme Court, KPH, Fundacja Trans-Fuzja