Gorzelik and Other v. Poland

Silesia was a historic region in southwestern Poland. Over hundreds of years, the province was passed between empires and countries. After World War II, Silesia was split, with Poland (defendant) incorporating much of the territory and East Germany claiming the remainder. In the 2002 Polish census, over 173,000 people in Poland identified themselves as Silesians. Jerzy Gorzelik (plaintiff) and other individuals who identified as Silesian nationals organized an association called the Union of People of Silesian Nationality (the union). The union’s founders were authorized to and attempted to register the union as a national minority organization according to Poland’s 1993 Elections Act (the elections act). Consistent with the registration process, the association applied for registration with the local court. The local court approved the union’s registration despite the government’s contention that registration of the union was inappropriate because the Silesian group did not qualify as a national minority. The governor of Katowice appealed the local court’s decision. The court of appeal set aside the lower court’s ruling and rejected Gorzelik’s application to register the union. Gorzelik appealed to the supreme court; however, the appeal was dismissed on the grounds that no Silesian national group existed. Gorzelik filed an application against Poland with the European Commission of Human Rights (the commission), arguing that Poland’s failure to register the union violated Gorzelik’s right to freedom of association protected by Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the convention).