Women in uniform: Is there really gender equality in the Polish army?

The uniform has no gender – at least in theory. But does a woman in the Polish Army really have the same rights and opportunities as a man? Is gender equality in the army a standard or just a provision in the codes?

The issue of gender equality in the Polish Army raises a lot of emotions and is an important topic in public debate. Modern armies around the world are increasingly opening up to women, but challenges remain in integrating them fully and ensuring equality in access to military service and promotion opportunities. In this article, we will analyse whether gender equality exists in the Polish Army and what legal basis guarantees this equality under current law.

Currently, the number of Polish professional soldiers is over 120,000. According to data made available by the Ministry of Defence, as of 1 March 2024

there are more than 17 thousand women serving professionally in the Polish Army. Women serve in all corps and all types of armed forces. Looking at the total number of professional soldiers, one can see a significant disproportion, and what does the law say about this?

Legal basis for equality between women and men

• Constitution of the Republic of Poland

The Constitution of the Republic of Poland clearly defines the principle of equality of all citizens before the law.

Article 32(1) states:

“All are equal before the law. Everyone has the right to equal treatment by public authorities.”

Furthermore, paragraph 2 of this article explicitly prohibits discrimination:

“No one shall be discriminated against in political, social or economic life on any ground.”

In accordance with these constitutional provisions, the conclusion must be drawn that both men and women have equal rights and obligations with regard to military service.

• Equal Treatment Act

Another act guaranteeing protection in terms of equal treatment for professional soldiers is the Act of 3 December 2010 on the implementation of certain provisions of the European Union on equal treatment – the so-called Equal Treatment Act. Pursuant to Article 1(1), this Act aims to prevent violations of the principle of equal treatment.

This is particularly important in the context of military service – Article 2(2) of the Act excludes the application of Chapters 1 and 2 to employees covered by the Labour Code. This means that the Act has a special protective function for persons who are not employees within the meaning of the Labour Code, such as, among others, professional soldiers, officers of uniformed services or persons employed on the basis of forms of employment other than employment.

In this way, the Act provides real protection against discrimination also for those occupational groups that do not enjoy typical rights under the Labour Code and whose relationship with the State is of a service or special nature.

• European Convention on Human Rights

The European Convention on Human Rights (hereinafter: ECHR) prohibits in Article 14 any discrimination, including on grounds of sex, in the enjoyment of the rights and freedoms guaranteed by the Convention. Although the ECHR does not speak directly about military service, the jurisprudence of the European Court of Human Rights indicates that restrictions on women’s access to the military should have a very strong justification.

History and presence of women in the military

Women have been serving in the Polish Army for years, but for a long time their role was mainly limited to administrative, medical and support functions. It was not until in the 21st century that the doors to all types of armed forces, including land forces, navy and special forces, began to be opened more widely to them.

Today, women can serve, in principle, on an equal footing with men, but there are still some barriers to accessing top command positions and some military specialisations.

The law is the law, but what does it look like in practice?

Despite formal equality, in practice women in the military often face

inequalities. These include:

– so-called glass ceilings, i.e. difficulties in promotion to the highest officer ranks. Although this problem is not exclusive to women, it is far more common in their case than among men. This thesis is supported by, for example, the lack of female soldiers in the rank of general in the Polish army.

– stereotypes – women are often perceived as less predisposed to combat functions. Although the physical predisposition of men may in some cases be an advantage, this should not negate the potential of women, who can equally well find themselves in demanding military tasks if they are provided with adequate support and development opportunities.

Enforcement of rights for breach of equal treatment by professional soldiers

As a general rule, the provisions of the Labour Code do not apply to professional soldiers – with the exception of Section X on occupational health and safety. This is due to the fact that soldiers are in a service relationship, which is regulated by the Act of 11 March 2022 on the Defence of the Fatherland. However, the exclusion of the application of the Labour Code does not mean that professional soldiers are deprived of legal protection against unequal treatment. They are entitled to such rights on the basis of the Act of 3 December 2010 on the implementation of certain provisions of the European Union on equal treatment. Pursuant to Article 1(1) of this Act, its purpose is to counteract violations of the principle of equal treatment on the grounds of, inter alia, sex, race, ethnic origin, nationality, religion, creed, belief, worldview, disability, age or sexual orientation, as well as to identify the competent authorities in related matters.

Pursuant to the above-mentioned Act, the competent authorities for the implementation of the principle of equal treatment are the Ombudsman and the Minister for Equality.

In addition, any person to whom this Act applies and whose principle of equal treatment has been violated is entitled to compensation (Article 13(1)). In such cases, the provisions of the Civil Code apply accordingly (Article 13(2)).

Institutional challenges in addressing inequality and discrimination in professional military service

The issue of counteracting unequal treatment and discrimination in professional military service still reveals significant gaps both in terms of institutional arrangements and the construction of legal provisions. Despite the existence of the Act of 3 December 2010 on the Implementation of Certain Provisions of the European Union on Equal Treatment, the protection of the rights of professional soldiers against unequal treatment remains insufficient in many aspects.

Although the Act provides for a wide range of grounds in which unequal treatment is prohibited and establishes a right to redress, in the case of professional soldiers the effectiveness of these guarantees is limited. This is primarily due to the lack of specific pragmatic provisions that would regulate this issue in a manner adapted to the realities of military service. The lack of separate solutions in the current legislation, including the Homeland Defence Act of 11 March 2022, means that the issues of reporting, recognising and countering cases of unequal treatment and discrimination are not covered by a uniform and transparent procedure.

Given the specific nature of professional military service – based on strict subordination, rigour of discipline and a closed system of promotions – it is necessary to supplement the Homeland Defence Act with comprehensive regulations relating to the prevention of unequal treatment and discrimination. Only consistent regulations, backed by transparent internal procedures and guarantees of independence, can provide real, and not merely formal, legal protection in this regard.

Reflection: equality or privilege?

Finally, it is worth noting that the issue of equality in the military can be complex and does not always work to the disadvantage of women. For example, according to Article 59 of the Homeland Defence Act, men who turn 19 in a given calendar year are obliged to undergo military qualification, while women can only enlist on a voluntary basis. Moreover, the law provides for differences in the maximum age for voluntary enlistment – for men it is 60 years and for women 50 years. From a male point of view, this can be seen as inequality, especially as the military obligation is exclusively on one gender.

Thus, it is worth asking: does true equality mean the same rights and obligations, or taking into account different social and biological roles?

Summary

Women in uniform make up a growing proportion of the Polish Army. In 2015, only 3,700 women were serving, while by 2024 their number will already exceed 17,000. This is
a significant increase, although they still represent a small percentage of all professional soldiers. Existing legislation, both national and international, ensures their right to equal treatment. However, in reality, there are still barriers to their full integration in the army. The key question is: does the system promote real equality of opportunity or only equality on paper?

The times when the military was exclusively a “men’s fortress” are gone irretrievably. Despite the considerations in this article, the question still remains: how do we shape this change wisely so that it benefits both women and the army as a whole?

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