OSCE/ODIHR Preliminary Opinion on the Draft Act Amending the Act on the Commissioner for
Human Rights of Poland
Rights, and to ensure the fulfilment of its mandate as the OPCAT national preventive
mechanism and equality body.
65.
Finally, it is worth recalling that OSCE commitments require legislation to be adopted
“as the result of an open process reflecting the will of the people, either directly or
through their elected representatives” (Moscow Document of 1991, par 18.1).79
Particularly legislation that may have an impact on human rights and fundamental
freedoms, as is the case here, should undergo extensive consultation processes,
including with the general public, to ensure that the Commissioner and the people are
fully informed and able to submit their views prior to the adoption of the Draft Act.
Public discussion and an open and inclusive debate will increase all stakeholders’
understanding of the various factors involved and enhance confidence and trust in the
adopted legislation, and in the institutions in general.
[END OF TEXT]
79
Available at http://www.osce.org/fr/odihr/elections/14310.
21
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