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In short: the ECHR is binding law in Poland as Poland has signed on to the treaty of Lisbon. The ECHR prohobits discrimination against LGBT. Poland cannot discriminate against LGBT and is furthermore obligated to protect it's citizens from such discrimination happening within Polands jurisdiction. If Poland fails to protect it's citizens from such discrimination affected citizens can, and should, sue the government of Poland, and the case could, and should, go to be determined in the European Court of Justice, in which Poland should receive a steep fine.

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