Konstytucyjne i prawnokarne aspekty homofobicznej i transfobicznej mowy nienawiści

One of the groups persecuted during the Third Reich were non-heteronormative people, mainly homosexuals. They were presented in the official message of the authorities as enemies of the Nation and the State, the plague that wreaks havoc on German society. Exactly the same rhetoric appeared in Poland in 2019, flowing from the leading figures of public life, both political and social. Both these statements and hate speech in the streets and on the Internet go unpunished. Polish criminal law does not cover hate speech based on sexual orientation or gender identity. At the same time, none of the numerous bills that were processed in the Polish parliament, which were to introduce the punishment of homophobic hate speech, has become a binding law. On the other hand, the case law of the European Court of Human Rights shows that Poland does not fulfill its positive obligation to ensure the protection of the rights of non-heteronormative persons against hatred and violence.

Authors

Institutions

Publication Details

Journal
Przegląd Konstytucyjny
Published
2025-04-23
DOI
https://doi.org/10.4467/25442031pko.24.019.20975
Citations
1
Primary Topic
Polish Law and Legal System
Type
article
Field-Weighted Citation Impact
8.52
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Konstytucyjne i prawnokarne aspekty homofobicznej i transfobicznej mowy nienawiści

Jan Kulesza
1 citations
Przegląd Konstytucyjny
Polish Law and Legal System
8.52
article

Konstytucyjne i prawnokarne aspekty homofobicznej i transfobicznej mowy nienawiści

Jan Kulesza
article en
1 citations

Abstract

One of the groups persecuted during the Third Reich were non-heteronormative people, mainly homosexuals. They were presented in the official message of the authorities as enemies of the Nation and the State, the plague that wreaks havoc on German society. Exactly the same rhetoric appeared in Poland in 2019, flowing from the leading figures of public life, both political and social. Both these statements and hate speech in the streets and on the Internet go unpunished. Polish criminal law does not cover hate speech based on sexual orientation or gender identity. At the same time, none of the numerous bills that were processed in the Polish parliament, which were to introduce the punishment of homophobic hate speech, has become a binding law. On the other hand, the case law of the European Court of Human Rights shows that Poland does not fulfill its positive obligation to ensure the protection of the rights of non-heteronormative persons against hatred and violence.

Przegląd KonstytucyjnyVol. 2024(3)
University of Łódź (PL)
Openalex Percentile: Top 5%
Polish Law and Legal System
8.52
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Konstytucyjne i prawnokarne aspekty homofobicznej i transfobicznej mowy nienawiści — Jan Kulesza · Przegląd Konstytucyjny (2025) | TGRS Research Map | TGRS