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Poland - Constitution
Adopted by National Assembly on: 2 April 1997
Confirmed by Referendum in: Oct 1997
Article 25 []
(1) Churches and other religious organizations shall have equal
rights.
(2) Public authorities in the Republic of Poland shall be impartial
in matters of personal conviction, whether religious or philosophical,
or in relation to outlooks on life, and shall ensure their freedom of expression
within public life.
(3) The relationship between the State and churches and other religious
organizations shall be based on the principle of respect for their autonomy
and the mutual independence of each in its own sphere, as well as on the
principle of cooperation for the individual and the common good.
(4) The relations between the Republic of Poland and the Roman Catholic
Church shall be determined by international treaty concluded with the Holy
See, and by statute.
(5) The relations between the Republic of Poland and other churches
and religious organizations shall be determined by statutes adopted pursuant
to agreements concluded between their appropriate representatives and the
Council of Ministers.
Article 35 []
(1) The Republic of Poland shall ensure Polish citizens belonging
to national or ethnic minorities the freedom to maintain and develop their
own language, to maintain customs and traditions, and to develop their
own culture.
(2) National and ethnic minorities shall have the right to establish
educational and cultural institutions, institutions designed to protect
religious identity, as well as to participate in the resolution of matters
connected with their cultural identity.
Article 48 []
(1) Parents shall have the right to rear their children in
accordance with their own convictions. Such upbringing shall respect the
degree of maturity of a child as well as his freedom of conscience and
belief and also his convictions.
Article 53 []
(1) Freedom of faith and religion shall be ensured to everyone.
(2) 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, participating in ceremonies, performing of rites or teaching.
Freedom of religion shall also include possession of sanctuaries and other
places of worship for the satisfaction of the needs of believers as well
as the right of individuals, wherever they may be, to benefit from religious
services.
(3) Parents shall have the right to ensure their children a moral and
religious upbringing and teaching in accordance with their convictions.
The provisions of Article 48 (1) shall apply as appropriate.
(4) The religion of a church or other legally recognized religious
organization may be taught in schools, but other peoples' freedom of religion
and conscience shall not be infringed thereby.
(5) The freedom to publicly express religion may be limited only by
means of statute and only where this is necessary for the defence of State
security, public order, health, morals or the freedoms and rights of others.
(6) No one shall be compelled to participate or not participate in
religious practices.
(7) No one may be compelled by organs of public authority to disclose
his philosophy of life, religious convictions or belief.
Article 85 []
(3) Any citizen whose religious convictions or moral principles
do not allow him to perform military service may be obliged to perform
substitute service in accordance with principles specified by statute.
Article 191 []
(1) The following may make application to the Constitutional
Tribunal regarding matters specified in Article 188:
5) churches and religious organizations;
Article 233 []
(1) The statute specifying the scope of limitation of the freedoms
and rights of persons and citizens in times of martial law and states of
emergency shall not limit the freedoms and rights specified in Articles
30 (the dignity of the person), 34, 36 (citizenship), 38 (protection of
life), 39, 40, 41 (4) (humane treatment), 42 (ascription of criminal responsibility),
45 (access to a court), 47 (personal rights), 53 (conscience and religion),
63 (petitions), as well as Articles 48 and 72 (family and children).
(2) Limitation of the freedoms and rights of persons and citizens only
by reason of race, gender, language, faith or lack of it, social origin,
ancestry or property shall be prohibited.
(3) The statute specifying the scope of limitation of the freedoms
and rights of persons and citizens during states of natural disasters may
limit the freedoms and rights specified in Articles 22 (freedom of economic
activity), 41 (1), (3), and (5) (personal freedom), 50 (inviolability of
the home), 52 (1) (freedom of movement and sojourn on the territory of
the Republic of Poland), 59 (3) (the right to strike), 64 (the right of
ownership), 65 (1) (freedom to work), 66 (1) (the right to safe and hygienic
conditions of work) as well as Article 66 (2) (the right to rest).
Note: Further information on the constitutional
background of Poland is provided by the International Constitutional
Law Project at the University of Wuerzburg. |
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