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Threats to freedom of religion

Updated: 21 hours ago


Already since the new government was sworn in, renewed attacks on Christianity, the Church and the values it represents can be observed. Despite the constitution’s guarantee of freedom of religion, which encompasses ‘the freedom to profess or accept a religion of one’s own choice and to manifest one’s religion individually or with others, publicly or privately, through worship, prayer, participation in rites, practice and teaching’,[1] the current ruling coalition is increasingly openly implementing the action announced by a Civic Platform MP and minister in the current government, Slawomir Nitras, to ‘have Catholics sawn away from their privileges’.[2] These words were used by Slawomir Nitras during the so-called ‘Campus of the Future’ organised by another Civic Platform politician Rafał Trzaskowski in

August 2021.[3] Slawomir Nitras also announced at that time that Catholics would be given a ‘fair punishment’ for their alleged guilt.[4]

We observe a whole range of behaviour by those in power against Christianity, the Church and the values it represents.

There have been continuous actions ranging from attempts to extra-legally legalise abortion on demand and deprive medical staff of the right to use the conscience clause, through attacks on religious teaching at schools and the ideologisation of education, financial blackmail against the Church to an illegal police raid and search of one monastery.

On 12 July 2024, the Sejm voted down a law that would have allowed abortion on demand. This law did not even find support among all the MPs of the ruling coalition. However, this did not end the efforts to actually legalise so-called ‘abortion on demand’ in Poland. On 30 August 2024, the Minister of Health issued the ‘Guidelines on the current legal provisions on access to the abortion procedure’.[5] Their aim is to open wide access to ‘abortion on demand’, i.e. one where the decision to terminate a pregnancy is not supported by any serious medical indications, but only by the will of the woman.

According to the Guidelines, any pregnant woman experiencing ailments, including psychological ones, has the right to demand an abortion from a gynaecologist also on the basis of a certificate obtained from a psychiatrist. At the same time, the Guidelines impose an obligation on the gynaecologist to perform an abortion based on a recommendation from a psychiatrist.

The Guidelines violate universally applicable law, which—in accordance with the constitutional principle of the protection of the dignity and life of the human being[6]—limits the permissibility of abortion only in case of a serious threat to a woman’s health and not in case of any minor ailment.[7]

The same Guidelines also interpret the issue of the conscience clause of doctors.[8] The Guidelines assume the uniqueness of the invocation of the conscience clause by a doctor refusing to participate in a given medical action, which is directly contrary to the essence of this institution.[9]

The Minister of Education has also taken measures against religious instruction in schools. They are aimed at lowering the reputation of school religion assessment and discouraging pupils from attending these classes. In practice, they amount to an attempt to introduce legal changes without fulfilling the obligation of agreement with Churches and other religious associations.[10]

Attention should be drawn to the announcements on the liquidation of the Church Fund, from which social insurance contributions for clergy of various denominations are paid (as a compensation for the Churches’ property taken over by the State Treasury),[11] or the threats to withdraw the concessions of Catholic media, such as Radio Maryja.[12]

In fine, the most recent example of an attack on the Catholic Church should be mentioned. It is noteworthy in so far as it simultaneously constituted a clear breach of the concordat between Poland and the Vatican.[13]

On 19 December 2024, upon the order of the National Public Prosecutor’s Office, the Police conducted a search of the Dominican monastery of St. Stanislaus in Lublin. According to official documentation, the search was carried out in connection with the suspicion that MP Marcin Romanowski, who was the subject of an arrest warrant, was hiding in the monastery.

The Polish Constitution guarantees the inviolability of the dwelling.[14]

Polish law allows searches of premises and other places for the purpose of apprehending a suspect,[15] but it is only permissible if there are reasonable grounds to believe that the suspect is in the room or place to be searched. The decision to search may not be based solely on slander or rumour.

It should be emphasised that on 19 December 2024, media outlets favourable to the political authorities stated as a certainty that MP Marcin Romanowski was abroad – Spain and Hungary were indicated.[16] Moreover, a day earlier, on 18 December 2024, the prosecutor filed a motion with the Circuit Court in Warsaw to issue a European Arrest Warrant against Marcin Romanowski and sent an application to the National Interpol Office in Warsaw at the Police Headquarters to initiate an international search for Marcin Romanowski (the so-called Interpol Red Notice search), together with a request for the publication of the Interpol Red Notice.[17]

In these letters, the prosecutor stated that Mr Marcin Romanowski was outside Poland.

In turn, on 19 December 2024, the Hungarian government granted Marcin Romanowski international protection in the form of asylum in Hungary due to the actions taken by the Polish government and the National Prosecutor’s Office subordinate to it that violated his rights and freedoms, as well as due to the direct interference and influence of politicians from the current ruling majority in Poland on the ongoing investigation.[18]

Attention is also drawn to the manner in which the search was carried out, appropriate in dealing with dangerous criminals and not with monks, as was the case here. The search was carried out by policemen wearing balaclavas covering their faces. During the search, the monastery premises, including the monks’ cells, were photographed. All of these rooms are places of religious worship. In the meantime, police drones were flying over the monastery.

The action of the Public Prosecutor’s Office seriously violated the norm set out in Article 8(3) of the Concordat, according to which the inviolability of places designated by the competent ecclesiastical authority for worship is guaranteed by the Polish State for this purpose. A search of such premises may take place only for important reasons and with the consent of the competent ecclesiastical authority, and necessary actions in places intended for worship without prior notification of the ecclesiastical authority may be carried out only if this is necessary for the protection of life, health or property. It is clear that the search carried out on 19 December 2024 at the Dominican monastery in Lublin was not justified by the need to protect life, health or property.

It should be emphasised that the body which ordered the search - the National Prosecutor’s Office - as a result of illegal takeover of this institution by politician Adam Bodnar and prosecutors carrying out his orders and infringing the law, has been under the control of the executive power and has blindly followed the orders of its representatives since 12 January 2024.[19] Illegal changes in the leadership of the National Prosecutor’s Office and regional, circuit and District Prosecutor’s Offices have left the entire Polish prosecution service in a state of anarchy and inertia. This makes it necessary to critically assess the legality of any procedural activities carried out on the instructions of the National Prosecutor’s Office.

In this situation, carrying out the search in the sacred place intended for religious worship must be assessed solely as an attempt to humiliate Christians and as an element of the fight against the Catholic Church.

In response to the search of the monastery revealed on Christmas Eve, the Lawyers for Poland Association issued a communiqué calling on ruling politicians to come to their senses. ‘Every further violation of the law distances us from the ranks of civilised countries and leads Poland towards the precipice of authoritarianism. We demand the immediate punishment of those responsible and the restoration of respect for the law and ethical norms in the actions of the state’.[20]


[1] Art. 53 of the Constitution of the Republic of Poland (Journal of Laws 1997.78.483 of 16 July 1997):

     ‘1. Freedom of conscience 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.’

[6] Art. 30 of the Constitution of the Republic of Poland (Journal of Laws 1997.78.483 of 16 July 1997):

     ‘The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorities.’

     Art. 38 of the Constitution of the Republic of Poland (Journal of Laws 1997.78.483 of 16 July 1997):

     ‘The Republic of Poland shall ensure the legal protection of the life of every human being.’

[7] Rok dewastacji państwa prawa, red. Łukasz Bernaciński, Warszawa 2024, p. 68, www.ordoiuris.pl/wolnosci-obywatelskie/rok-dewastacji-panstwa-prawa-raport-ordo-iuris.

[8] Defined in the Act of 5 December 1996 on the profession of physician and dentist, Journal of Laws 2024, item 1287.

[9] Judgments of the Constitutional Tribunal of 7 October 2015, reference number: K 12/14156; of 15 January 1991, reference number: U 8/90; of 7 October 1992, reference number: U 1/92.

[10] The Constitutional Tribunal, in its judgment of 27 November 2024, file reference 10/24, ruled that the Decree of the Minister of National Education on this subject was unconstitutional in its entirety due to the lack of agreement with Churches and other religious associations.

[13]The concordat between the Holy See and the Republic of Poland signed in Warsaw on 28 July 1993 (Dz.U.1998.51.318).

[14] Art. 50 of the Constitution of the Republic of Poland (Journal of Laws 1997.78.483 of 16 July 1997):

     ‘The inviolability of the home shall be ensured. Any search of a home, premises or vehicles may be made only in cases and in a manner specified by statute.’

[15] This is stated in Article 219 of the Code of Criminal Procedure - Act of 6 June 1997, Journal of Laws 2024.37.

[19] Supreme Court in Resolution I KZP 3/24; Constitutional Tribunal in Judgment SK 13/24.

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