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Debica

 

The situation of freedom of conscience and religion

 in Poland

 

Freedom of conscience and religion is the basic human right, regulated by international documents, among the others The Universal Declaration of Human Rights, International Convenant on Civil and Political Rights, Convention on the Rights of the Children, Convention on the Protection of Human Rights and Fundamental Freedoms and Declaration of Human Rights.  Those documents state that every person has the right to freedom of conscience and religion, freedom of religion shall include the freedom to profess or to accept a religion by personal choice as well as to manifest such religion, either individually or collectively, publicly or privately, by worshipping, praying and  participating in ceremonies.  

At the same time, we can say that the freedom of practicing religion or believes may be subject to the restrictions which are regulated by law and are necessary in democratic country due to the public safety, protection of public order, health, morality or protection of basic rights and freedom of people. Those rules appear also in the Polish Constitution, they are even more detailed , it says that parents shall have the right to ensure their children  a religious and moral upbringing  and teaching accordance to their convictions, and that no one shall be compelled to participate or not participate in religious practices or no one may be compelled by organs of public authority to disclose his philosophy of life, religious convictions or belief.

Freedom of conscience and religion concerns also religious groups and churches. They have constitutional right to equality, and authorities are obliged to be neutral in the religious and philosophical  believes matters, by ensuring freedom of expressing them in public life. It is also emphasized that relationships between state and church are based on the rules of respecting  their autonomy, mutual independence and cooperation for the good of people and country.

ARTICLE  17th May 1989,

Freedom of faith and religion shall be ensured to everyone.  Freedom of religion shall include the freedom  to manifest such religion, either individually or collectively, publicly or privately. Members of all religions and unbelievers have the same rights to take part in political, economic, social and cultural life. Citizens can:

-           establish religious organizations

-          according to  faith participate in religious practicing and celebrate holidays

-          teaching religion and convictions

-          upbringing children in accordance with their convictions

-          use the sources of religious information

-          be buried in accordance with the religious rules.

 

Piotr Żaba, Marzena Dziurzyńska