Marcin Wiącek made the statement during an interview with private broadcaster TVN24 on Saturday, pointing to a clear ruling by the European Court of Human Rights (ECHR) from December last year.
Queried about what would happen if lawmakers fail to incorporate civil partnerships into Polish law, Wiącek replied: "This would constitute a violation of the European Convention on Human Rights. Such a violation is already occurring."
The Ombudsman highlighted that the ECHR has consistently ruled that it is the state's duty to institutionalize partnerships for same-sex couples, citing last December's definitive ruling against Poland.
Regarding whether Poland’s constitution permits the adoption of a child by a partner in a civil partnership, Wiącek said he believed that the constitution does not preclude such a provision.
He pointed out that adoption decisions are made by the court, which assesses whether the child's best interests are being served.
"The constitution allows for some degree of political decision-making by the legislature, guided by moral and ideological considerations. It is up to parliament to resolve this issue," he told TVN24.
Wiącek also noted that the ECHR verdict for Poland does not mandate that civil partnerships include the right to adopt children.
The staunchly Catholic country's new ruling party had pledged to legalise civil unions. Six months into its tenure however, same-sex couples still cannot marry or register their partnerships in this EU member state.
Earlier this month, the governing coalition experienced a rift over the issue with the passage of a key bill through parliament held up over a dispute.
Poland is one of five European Union member states that do not allow same-sex couples to formalize their relationships. This issue remains unregulated in Bulgaria, Romania, Lithuania, and Slovakia as well.
(mo)
Source: PAP, TVN24