A/HRC/43/50/Add.3
Republic of Poland and inter alia on the basis of the laws on the relationship between the
state and the church. It usually says that the Church has the right to conduct catechesis and
to teach religion (e.g. Article 15 (1) of the Act of 4 July 1991 on the relations between the
State and the Polish Autocephalous Orthodox Church).
64.
Currently, in Poland, religion lessons - as well as ethics, upbringing to life in the
family and languages of national or ethnic minorities belong to the group of optional subjects.
However, the teaching of these subjects becomes compulsory if the student's parents or the
student himself, if he is of age, so wish.
65.
From the Church's side, the teaching of the Catholic Church's religion is regulated by
the provisions of the Canon Law and the Catechetical Directory of the Catholic Church in
Poland from 2001. Teachers of religion take up work in school on the same basis as teachers
of other subjects and must meet additional conditions. Firstly, they must have a personal
referral to a particular institution issued by the diocesan bishop; secondly, their qualifications
are specified in an agreement concluded between the Minister of National Education and the
Polish Episcopal Conference. Currently, it is required to complete theological studies and
obtain pedagogical preparation.
66.
Supervision over the teaching of religion in the school is exercised both by church
visitors from the diocesan curia and by visitors from the Board of Education. Church visits
control the content of teaching and its methodology and compliance with the program, as
well as checking the organization of religion lessons. On the other hand, visits from the Board
of Education or by the headmaster refer only to the teaching methodology and compliance
with the program and not to the catechism.
67.
In practice, this means that the catechist is subject to two superiors: the principal of
the school and the bishop (for the content of teaching and religious education). Although the
headmaster cannot hire a religion teacher without the bishop's consent, in the event of a
possible violation of the Labor Code or the Teacher's Charter, the headmaster has the right
to give the catechist a warning, reprimand or dismiss him from work. A catechist is then
entitled to refer to the Labor Court.
68.
The Special Rapporteur’s reference to the role of the Catholic Church in Poland in the
country’s cultural life is positive, yet the appraisal of the Church authorities’ actions is
beyond the competences of government institutions.
67.
Freedom of speech and freedom of expression are safeguarded in Poland and the
artistic circles take full advantage of it. However, freedom of speech entails various
statements and reactions in the public space, also ones that express disapproval of the
dominant trend in a given circle. Criticism by a part of the society is the only repercussion
they may face – our cultural institutions enjoy autonomy and their representatives’ artistic
choices do not translate into ministerial attention.
70.
In her statement, the Special Rapporteur does not mention that the film “Kler”
(Clergy) was co-financed by the Polish Film Institute. This shows the report’s lack of
objectivism.
71.
The film “The Clergy” is a production, which, because of conscious artistic efforts,
presents the Catholic Church and priests in a one-sided. The artists, and this is an undisputed
fact, have the right to such an interpretation, but the viewers have the right to perceive the
film as an element of an ideological warfare against the Church. Responsible and intelligent
artists, taking part in such a controversial and provocative undertaking, have to take into
account unfavourable reactions of the audience or local politicians - however, the central
authority does not interfere in their undertakings.
72.
As far as any acts of violence are concerned - and we strongly condemn them violence is not an answer, even to a performance such as “The Curse”.
Ad Part III E Discrimination, equality and inclusion
73.
With respect to the Special Rapporteur statement (par. 58) that not enough is being
done to ensure that ethics classes are available as an alternative to religion classes in all
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