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Religia w szkole. Aspekty historyczno-prawne

100%

Popek J.

Opolskie Studia Administracyjno-Prawne

2012

vol. X

issue 4

67-78

Religious education in public schools has ceased to provoke such emotions and controversy as it did in 1990, when it was being officially re-introduced into the educational system. It is no longer contested so much, either, despite the fact that the question of teaching religion often recurs in all sorts of discussions and debates. However, it occurs there merely as an element of discourse touching upon broadly-conceived relations between the state and the Church, and also with reference to the place of religion within the public and sociocultural spheres. The presence of religion in the Polish school has been sanctioned for a few centuries now: the activity of the Commission for National Education, accepted – as it was – with some resistance, justified it, among others, with that teaching religion in reformed schools should not be neglected. Moreover, the reforms introduced by the Commission, which were underestimated at the beginning, later became the cornerstone of the Polish educational system, whose construction was considerably hampered due to the partitions. After regaining the independence, teaching of religion, both the Catholic one and those of other denominations was run at school from the very beginning, making an important element of the socio-patriotic rearing. That fact was reflected by successive legal acts that regulated questions of the educational-rearing nature. On the other hand, the authorities of the People’s Republic of Poland – although they formally maintained the legal state related to teaching of religion deriving from the Second Republic of Poland – in practice acted towards atheization of the Polish nation and eradication of religion from schools, which was almost successfully implemented in 1961. After 1989, attempts were made to have religion legally re-introduced into educational institutions and that not under the standard of novelty, but as a compensation for the many-century tradition. It seems justified, then, to follow the legal regulations concerning the Polish school system, especially that in the 20th century and also that of formation of mutual references of religious education and teaching organized in schools, beginning with the end of the 18th century.

Niektóre aspekty funkcjonowania wyznaniowych placówek opiekuńczo-wychowawczych w realiach Polski Ludowej

75%

Szymański A.

Opolskie Studia Administracyjno-Prawne

2012

vol. X

issue 4

95-112

The paper consists of three parts representing different degrees of autonomy within the scope of the subject area encompassed by the title. In the first part, the author discusses questions which are little known about, relating to a number of monastic orders applying after 1956 for the restitution of their property which they had been deprived of in the earlier time. Apart from that the orders appealed for having formerly liquidated care-educational centres run by them reopened. The party-state authorities did everything in their power not to execute the restitution and to prolong the relevant formal procedures, employing the existing legal norms for that purpose. When, in 1981, in consequence of the collapse of the state social care system, the authorities began to grant official permissions to religious orders to establish and run denominational care institutions (which is discussed in the second part of the paper), they had to exempt the interested orders from “the requirement of the secular nature of care-educational activity which is run” on the basis of Art. 39, item 3 of the extremely anti-clerical Act on development of education and rearing of 15 July 1961, which was taken advantage of earlier to liquidate the denominational school system in Poland. One can hear history snigger here… An issue which is connected with the above-mentioned problem is the question of subsidizing the social care activity of denominational organizations by the state – the People’s Republic of Poland. Without such subsidies the majority of institutions would not have been able to function at all, and it was withholding the subsidies that for many years had been one of the easier, though somewhat time-consuming, ways of liquidating church-based institutions. Beginning with the second half of the 1970s, the modus operandi of the authorities, regarding this sphere, started to undergo changes. In some cases the authorities of individual provinces went as far as to offer to monastic orders to subsidize the care centres run by the latter, still the offer was not always accepted: the experience of many decades had taught the orders to beware of too strong dependence on this type of support, the more so as, in many cases, they had learned to function in the area of charity and were able to survive without the aid from the public purse. Thus, it was also in this sphere where the authorities of the socialist state were forced to move beyond the frames of the anti-monastic and anti-clerical law which they had established themselves.

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2 Opolskie Studia Administracyjno-Prawne

2 2012

1 Popek J.

1 Szymański A.

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Religia w szkole. Aspekty historyczno-prawne

Niektóre aspekty funkcjonowania wyznaniowych placówek opiekuńczo-wychowawczych w realiach Polski Ludowej