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CONSTITUTIONALITY OF THE REGULATION CONCERNING RELIGIOUS EDUCATION AT SCHOOL (A CONTRIBUTION TO DISCUSSION) (Konstytucyjnosc nauki religii w szkole (glos w dyskusji))

100%

Borecki P.

Studia Prawnicze

2008

issue 2(176)

31-40

Optional religious education at school in Poland is first of all regulated by the decree of the Minister of National Education of 14th April, 1992 on the conditions and methods of the organization of religious education in public kindergartens and schools. In 1993, the Constitutional Tribunal, at the request of the Ombudsman, examined some of the decisions of this decree and found them consistent with the constitution. Presently, however, after passing the constitution in 1997 and after ratifying the concordat in 1998, there are different control patterns. Also, different provisions of the decree of 1992 are the subject of analysis. This document does not specify clearly who is to collect the declaration of will to learn religion or ethics. We do not know how long such a declaration is valid. This violates the principle of determinateness of law. Also, the limit of 7 interested persons in a class (group) obliging a school to organize lessons of religion or ethics is contrary to the constitution. This limit is not based by the law, it violates the principle of equal rights for religious associations and their constitutional right to teach religion at school. Also, as far as Catholic children are concerned, it is inconsistent with the concordat. The principles of employing religion teachers seem to be contrary to the constitution as well. The decree of 1992 violates the constitutional principle of the closed system of the sources of the generally binding law. The fact that only Christian pupils can be given free time from school to participate in the Lent Retreat is contrary to the principle of equal rights for religions. The possibility of placing the cross in a classroom violates the principle of state neutrality toward religion. It is inconsistent with the constitutional principle of impartiality of public administration with regard to religious, ideological and philosophical beliefs. Summing up, there are grounds for appealing against the decree of 14th April, 1992 to the Constitutional Tribunal.

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1 Studia Prawnicze

1 Borecki P.

1 2008

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CONSTITUTIONALITY OF THE REGULATION CONCERNING RELIGIOUS EDUCATION AT SCHOOL (A CONTRIBUTION TO DISCUSSION) (Konstytucyjnosc nauki religii w szkole (glos w dyskusji))