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.