According to the Constitution of the Republic of Poland, there is neither any provision on the mutual independence of the state and Church nor on the impartiality of the state in religious matters. Following Article 25 of the Constitution, Public authorities in the Republic of Poland shall be impartial in matters of religious conviction and 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 their own sphere, as well as on the principle of cooperation for the individual and the common good.
Catholicism, despite the equal rights of churches and other religious organisations as envisaged by the Constitution, is a leading religion. The relations with the Catholic Church, which acts as a state in a state, are determined by not only the legislative acts but also by the international treaty concluded with the Holy See. Article 1 of the Polish Concordat confirms that ‘the Republic of Poland and the Apostolic See affirm that the State and the Catholic Church are — each in their own area — independent and autonomous and pledge to fully respect that principle. Poland is giving much attention to this rule. However, the Catholic Church respects neither the State nor even its believers.
As a consequence of the overinterpretation by Polish authorities of the Concordat, Constitutional, and state provisions as well as the mental compliance and submissiveness of politicians towards the Polish clergy, Poland has become a fundamentalist Catholic state (“panstwo wyznaniowe”). It is not a myth spread by anti-clericals but a fact!
In Poland there are following attributes of the fundamentalist Catholic state (“panstwo wyznaniowe”):
1. lack of the world-view neutrality in law-making, e.g. the act on family planning, protection of the human fetus and conditions for legal abortion, lack of state financing of in vitro fertilization, criminalization only of the insulting religious feelings in the Penal Code,
2. direct financing of the religious institutions and the clergy by the national and local governments, e.g. construction of the Temple of Divine Providence, maintenance and expansion of private Catholic universities, contributions towards pensions, old aged pensions and insurance paid from the so called Church Fund created in the state budget,
3. affirmation of the religion by the national authorities, e.g. religious character of the public ceremonies, crosses in public institutions, kindergartens and schools,
4. taking over by the state some function of the confessional associations, e.g. presence of religion lesson at schools and a grade in religion on school certificates, employment of 29 thousand religion teachers, the support given to chaplains in uniformed services ,
5. partly vanishing of the organizational autonomy of the state and Church, e.g. Field Ordinariate within the framework of the Defence Ministry.
In order for Poland to become a secular country, the organizational transformations and changes in material relations and the realization of human rights are necessary.
Prod. Joanna Senyszyn