A/HRC/43/50/Add.1
47.
The Special Rapporteur was sorry to hear reports that past commemorative events
celebrating Polish independence had evidenced expressions of hate speech and extremism,
and that a group of women calling themselves “women against fascism”, who opposed such
expressions, had been assaulted by participants during a march in November 2017. The fact
that charges against those who had harmed the women had been dropped and that the
women faced fines creates the impression that certain narrow definitions of identity are
politically accepted and tolerated even when their expressions break the law and violate the
rights of others. Ultranationalist symbols and aggression by extremist groups against
antifascist demonstrators holding a “Constitution” banner were similarly on display during
the 100th anniversary of independence march held in November 2018. Patriotism and
national pride should never be equated with discrimination and exclusion. It is the
responsibility of the Polish authorities to clearly counter such views.
D.
Fundamentalism and extremism
48.
The increasing prominence and aggressiveness in Poland of some far-right-wing
nationalist groups, Christian fundamentalist groups and media outlets propagating
discriminatory and exclusionary views is a matter of grave concern, and has a deleterious
effect on the enjoyment of cultural rights without discrimination. Neo-Nazi and neo-fascist
groups are emerging and seeking to influence youth, including reportedly through cultural
events such as music festivals. The apparent normalization and increasing mainstreaming of
some of these views, including their expression by some government officials without
consequences, is particularly worrying and must be addressed with urgency.
1.
Separation of religion and state
49.
Article 25 (2) of the Polish Constitution stipulates that “public authorities … shall be
impartial in matters of personal conviction, whether religious or philosophical, or in
relation to outlooks on life, and shall ensure their freedom of expression within public life”.
Article 25.3 stipulates that “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 its own sphere as well as on the principle of cooperation
for the individual and the common good.”
50.
Separation of religion and State is everywhere critical to the protection of cultural
rights and the freedom of religion or belief, including the right to believe in a diversity of
ways and not to believe. It creates and preserves space for women, minorities and others to
enjoy their cultural rights without discrimination. It does “not mean the absence of religion
but rather a state structure that defends both freedom of expression and freedom of religion
or belief, where there is no state religion, where law is not derived from God and where
religious actors cannot impose their will on public policy”.14
51.
Many of the Special Rapporteur’s interlocutors indicated however that the influence
of the Catholic Church in regard to matters of education, politics and public policy,
including those with importance for the enjoyment of cultural rights without discrimination,
is a matter of serious concern. She is particularly concerned about the role that the Catholic
Church reportedly plays in public education, including by organizing and choosing the
teachers of most religion courses.
2.
Impact on cultural diversity and artistic freedom
52.
The Special Rapporteur recognizes the historically important role played by the
Catholic Church in many aspects of Polish cultural life, and that Catholic practice has
merged with many treasured traditions. In addition, the Catholic Church represented a
critically important partner in human rights movements challenging communism and
repression in the 1970s and 1980s.
53.
However, she also takes note of statistics indicating that while 90 per cent of Poles
may have been baptized Catholic only some 40 per cent of them are practising Catholics.
14
10
A/72/155, para.11, and A/HRC/34/56.