B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

Europaudvalget 2020-21
B 266 Bilag 3
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LOCAL GOVERNMENT

CHARTER OF THE RIGHTS

OF THE FAMILY

Commune

w w w.kar t arodzin.pl

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

Commune

LOCAL GOVERNMENT

CHARTER OF THE RIGHTS OF THE FAMILY

w w w.kar tarodzin.pl

Resolution No. .......... / .......... / 2020

Commune Council

..............................................................................................

of . . . . . . . . . . . . . . . . . . . . 2020

on the adoption of the Local Government Charter of Family Rights by Commune

..............................................................................................

Pursuant to Art. 18(2)(2) in connection with Art. 7(1)(6a), (8) and (16) of the Act of 8 June 1990 on county

self-government (Journal of Laws of 2019, item 506, as amended) and § ............ of the Statute of Commune

............................................................................... constituting an appendix to Resolution No. ........ / .......... / ..........

of the Council of Commune ............................................................................... dated .......... .......... ..........

on adopting the Statute of Commune ...............................................................................

(Dz. Urz. Woj. ........... .......... item .......... as amended) - the following is passed:

§1

The Local Government Charter of Family Rights, constituting an annex to this Resolution, is adopted

as an expression of the protection of values confirmed in the Constitution of the Republic of Poland,

including the protection of marriage, being a union of a man and a woman, as well as the family,

motherhood and parenthood, the right to protect family life, the parents’ right to rear their children

in accordance with their own convictions, and the child’s right to be protected against demoralisation.

§2

The resolution is to be executed by the Commune Head/Mayor of

................................................................

§3

The Resolution shall become effective upon its adoption.

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

Commune

LOCAL GOVERNMENT

CHARTER OF THE RIGHTS OF THE FAMILY

w w w.kar tarodzin.pl

JUSTIFICATION

he purpose of the draft resolution is to re-

alise the „principle of subsidiarity in the

strengthening of the powers of citizens and their

communities” confirmed by the constitution le-

gislator in the preamble to the Constitution of

the Republic of Poland, by strengthening the fa-

mily as a basic social community, and ensuring

its protection against influences of the ideolo-

gies that undermine its autonomy and identity.

No community can grow without families — strong

families are the foundation of a strong communi-

ty. Today, when our country is facing demographic

challenges and the weakening of social ties, inclu-

ding family ties, it is essential for the public autho-

rities to ensure conditions for the proper functio-

ning of families and marriage, and for strengthening

the ties that they are based on.

In these circumstances, it is necessary to explicitly

support the values confirmed in the Constitution

of the Republic of Poland. To this end, the local

government decides to introduce the specific so-

lutions proposed in the Local Government Charter

of Family Rights, which is a comprehensive pro-

gram of measures to strengthen the family.

The adoption of the Local Government Charter

of Family Rights is not only a declaration of support

for a strong family, but also a commitment of a head

of a county/mayor to take specific measures aimed

at protecting the rights of parents and the welfare

of children in school and kindergarten, taking into

account the context of family rights in the social

policy of local government, adjustment of social

services to the needs of families, promotion of good

practices regarding family rights in business, moni-

toring and enforcement of family rights througho-

ut the area of local the government’s competence,

and establishing family-friendly local law.

Art. 18 of the Constitution requires public autho-

rities to provide special protection and care for

marriage, being a union of a man and a woman,

as well as the family, motherhood and parenthood.

The basic law also imposes on public authorities

the obligation to be guided by the good of family

in their social and economic policy. The principle

of subsidiarity regarding family is also specified

in Art. 47 of the Constitution, guaranteeing le-

gal protection of family life, and Art. 48(1), which

confirms the right of parents to rear their children

in accordance with their own convictions. Art. 72(1)

of the Constitution sets out the constitutional prin-

ciple of care for children and confirms that anyone

can request public authorities to protect a child

against demoralisation. Public authorities are ob-

liged to take into account the welfare of the family

in social and economic policy.

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

Commune

LOCAL GOVERNMENT

CHARTER OF THE RIGHTS OF THE FAMILY

w w w.kar tarodzin.pl

LOCAL GOVERNMENT CHARTER

OF THE RIGHTS OF THE FAMILY

he foundation of social order and the basic so-

cial unit, family is an optimal environment for

people to develop. It provides the indispensable

support for all of its members, especially the youn-

gest and oldest ones. No community is able

to pursue common good without the involve-

ment of families. Our future depends on their

proper functioning.

We urge everyone – families, associations and lo-

cal governments – to join this Charter by defen-

ding the values it stands for and ensuring they are

respected through enactments and measures that

implementf the solutions defined herein.

I. RIGHTS OF PARENTS AND THE BEST

INTEREST OF THE CHILD AT SCHOOL AND

PRESCHOOL

Local government is the foundation for the rule

of law. We are categorically against any attempts

to undermine the constitutional rights of families at

a local government level, including the rights of pa-

rents and children and the legal status of marriage.

We stand by the values stipulated in the Consti-

tution of the Republic of Poland, i.e. family, mar-

riage as a relationship between a woman and

a man, parenthood and motherhood (Article 18),

the right to protect family life (Article 47), the right

of parents to raise their children in accordance

with their own beliefs (Article 48(1)), and the right

of a child to be protected against demoralisation

(Article 72(1)). Public authorities are obligated

to develop their social and economic policy ta-

king into account the best interest of the family

(Article 71(1) of the Constitution).

hen applied to the family, i.e. the basic com-

munity of citizens and the primary social

unit, the constitutional principle of subsidiarity,

which “strengthens the rights of citizens and their

communities,” is realised in the constitutional right

of parents to raise their children in accordan-

ce with their own beliefs. The task of educatio-

nal institutions is to support the educational role

of families without violating the constitutional rights

of parents (Article 1(2) of the Polish Education Law

The role of the education system is not to replace

family upbringing. Unfortunately, in practice, even

the statutory rights of parents are often ignored in

the course of school and preschool education.

In view of the above, local governments must

adopt a

“Code of Good Practice” that would lay

1 Polish Educational Law of 14 December 2016 (Journal of Laws of 2018, item 996, as amended).

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

Commune

LOCAL GOVERNMENT

CHARTER OF THE RIGHTS OF THE FAMILY

w w w.kar tarodzin.pl

down the model solutions showing how to or-

ganise the educational work of schools based

on the principle of their educational subsidiarity

to the family.

Even though such a document will

not be binding, it may substantially influence the

structure of the organisational culture of schools

managed by the local government.

Local government schools must respect the

statutory rights of parents, especially the rights

of the parents’ board to adopt the education and

prevention programme and to approve any part-

nership with NGOs, and they must each time se-

cure the parent’s consent to the child’s participa-

tion in any extracurricular activities. Furthermore,

it is a good practice to give parents an opportuni-

ty to become actively involved in those processes,

also when it comes to the content taught.

Parents should be allowed to verify any external

organisations operating on the premises of the

school and any materials they use during non-

-compulsory classes dually: both individually

and collectively – through the parents’ board.

It is a good practice to present information inc-

luding not only the name but also the program-

me and profile of the organisation to each parent

separately, in a way allowing them to become

familiar with the content thereof before enrolment.

A similar mechanism should be applied to any

other teaching and educational activities pursu-

ed by schools or institutions that go beyond the

curriculum or that involve issues covered by the cu-

rriculum of Family Life Education, including those

financed from public grants.

It is also a good practice for the school to inform

the parents about their rights even if this is not

directly required by statute.

The local government managing the school should

also

make the information about any partnerships

between schools and NGOs available to the public

by posting it on the Public Information Bulletin (BIP)

and on the local government’s website. The notice

should specify at least the names of the organisa-

tions approved by the headmaster and the nature

of their activity. This will give the parents insight

into the functioning of the school before they deci-

de to entrust it with any tasks related to the upbrin-

ging of their child.

Such solutions should be supplemented by

workshops for parents to develop their upbringing

competences and for children – for supporting

the upbringing role of the family in accordance

with integral upbringing model. Local government

should initiate and support teacher training that ad-

dresses those issues and focuses on relations with

parents. Schools that develop and follow good prac-

tices related to the family rights should be supported

and rewarded by the local government.

II. FAMILY RIGHTS IN THE LOCAL

GOVERNMENT’S SOCIAL POLICY

he context of the family rights, autonomy and

identity should be included in the develop-

ment and implementation of any instruments of

the local government’s social policy.

Programmes of partnerships with communi-

ty organisations should respect the principle

of strengthening the family and marriage and

rule out the funding of any projects harmful

to these values.

It is especially crucial to exclude

any chance of allocating public funds and public

property for projects that undermine the con-

stitutional identity of marriage as a relationship

between a man and a woman or the autonomy

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

Commune

LOCAL GOVERNMENT

CHARTER OF THE RIGHTS OF THE FAMILY

w w w.kar tarodzin.pl

of the family. The terms and conditions of local

government competitions for community or-

ganisations should be supplemented with stan-

dards that support the family and marriage and

exclude the earmarking of funds for activities un-

dermining the constitutional foundations of the

family law or prejudicing the rights of citizens.

Local government programmes aimed at pre-

venting violence and supporting its victims,

preventing alcohol and drug abuse and sup-

porting health prophylaxis should respect

the integrity of the family, which may only be

waived in special situations, such as threat

to the life or health of its members.

It is the

only way to avoid pathological situations

of disproportionate, unfounded interference in

the life of families, up to taking the children away.

It is important that the preventive and awareness

programmes pursued by the local government

address the key challenges that families face to-

day, including procreational health promotion and

measures to support the durability of marriages.

Local government should support families that

raise children, including large families. It is also

necessary to exclude legal discrimination

of marriages and the children they are raising

from social policy.

Situations where the fact that

the parents are married has negative consequ-

ences for the child happen way too often. This

applies in particular to access to services and

benefits offered by the local government which

require a declaration on a single parent sta-

tus. The situation can be managed through the

introduction of a requirement, already known

in the Polish legal system, for a single parent

to present a judgement awarding child mainte-

nance – to eliminate the abuse of that privilege

by those who are not eligible and to substantially

limit the scale of the discrimination of marriages.

Another important element of the social policy

of a local government should be

the creation

of solutions that allow parents to choose be-

tween various forms of childcare for the youn-

gest children.

Local authorities should imple-

ment mechanisms to allow the parents of the

youngest children to choose between home

care, institutional collective care and other

forms of childcare to meet the diverse needs

of various groups of parents and children. Such

solutions would be also convenient for those pa-

rents whose children cannot use collective care.

The actual activity of local authorities depends not

only on the applicable legislation but also on the

knowledge of the clerks and on how well they are

prepared. This is why it is important to train local

government workers, including those in charge

social welfare, on the autonomy and legal iden-

tity of the family, on the rights of parents and on the

best interest of the child.

The training participants

should receive reliable and ideology-free informa-

tion about the existing legislation and effective

methods of preventing any undesired phenomena,

such as violence, addictions and other dysfunc-

tions that may take place in households and public

space. Even though empirical studies clearly con-

firm that strong family bonds effectively protect

against violence, this basic knowledge has been

undermined at many seminars delivered thus far.

III. SOCIAL SERVICES

ADAPTED TO THE NEEDS OF FAMILIES

ocal government should also attempt

to optimally adapt social services to the needs

of families and, where possible, provide solutions

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

Commune

LOCAL GOVERNMENT

CHARTER OF THE RIGHTS OF THE FAMILY

w w w.kar tarodzin.pl

to make them available to families with children.

Sports and leisure infrastructure should offer pos-

sibilities for families to spend time together.

It is also important to promote the significance

of family, marriage and parenthood within the ac-

tivity of the local government’s cultural institutions.

IV. PROMOTION OF GOOD

PRACTICES REGARDING THE RIGHTS

OF FAMILIES IN BUSINESS

Proper exercise of the rights of families at local

government level requires appointing a Speaker

for Family Rights and establishing a local sys-

tem for reporting violations of family rights.

The

Speaker should monitor if local government in-

stitutions, including schools, respect family rights

and intervene whenever they are breached. The

Speaker may hold a helpline or a contact mail box

to receive complaints. They should also keep pa-

rents informed about their rights.

ood practices regarding the rights of fami-

lies should also be promoted in the business

sector.

Local government should support certifi-

cation programmes addressed to businesses that

have adopted family-friendly solutions.

This may

be a programme for certifying solutions addres-

sed to consumers, such as discounts for families

or amenities for families with children, or a pro-

gramme of good practices regarding the situation

of employees who are parents.

VI. ENACTMENT

OF FAMILY-FRIENDLY LAWS

he significance of family rights is not limited

to the solutions included in this Charter. The si-

tuation of families is also directly shaped by many

legal acts whose primary focus is on other issues.

V. MONITORING AND ENFORCEMENT

OF FAMILY RIGHTS

xercise of family rights requires effecti-

ve mechanisms for their enforcement. Fa-

milies must also be aware of their rights.

This is why

the enactment of every local law sho-

uld be preceded by determination of whether

it will affect the situation of families and the sco-

pe of their rights, including the rights of parents

and children, in accordance with the

family ma-

instreaming

principle.

If it will, the law must be

each time subjected to comprehensive assessment

in this respect. It is particularly unacceptable for

local laws to limit the constitutional and statutory

rights of families and their members.

B 266 - 2020-21 - Bilag 3: Notat om familiechartre og resolutioner mod såkaldt lgbt-ideologi i polske kommuner

CONTACT:

waś i

Paweł Kwaśniak | tel. +48 691 490 049

-m il: aw l. wa ia

i . l

e-mail: [email protected]

LOCAL GOVERNMENT

CHARTER OF THE RIGHTS

OF THE FAMILY

Commune

w w w.kar t arodzin.pl

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