Changes in religion classes
In addition to reducing the number of religious hours at school, the regulation also assumes possibility of organizing interclass group religion classes. Initially, the Ministry of National Education planned to introduce the possibility of combining groups within grades: 1-3, 4-8 in primary school. The number of students in such a class can be 30. After consultations, the ministry changed the decision and will allow combining classes: 1-3, 4-6 and 7-8, and the number of students per class will not exceed 28.
The Minister of Education admitted on TVN24 that changes to the organization of religion classes are “a complicated process that requires talks with all the churches.” Now voices are beginning to be heard saying that The decision by the Ministry of National Education is contrary to the law because it requires less dialogue with churches and religious organizations than reaching an agreement, and that did not happen.
Catechists write to the president
“We call on you, as the guardian of the constitutional order in the Republic of Poland, to oppose the flagrant violation of this order.” – write members of the Association of Secular Catechists to the president.
Catechists ask the president to send to the Constitutional Court the regulation of Minister Barbara Nowacka that changes the way religion is organized in schools. They refer to three things. First, they fear that the possibility of combining classes will make religious learning groups too large. Second, they stress that halving the number of religious hours will result in many catechists losing their jobs. Finally, they claim that the regulation was issued in violation of the law.
The regulation was issued in violation of the law, which is noted by numerous legal authorities, including, for example, Prof. Paweł Borecki of the University of Warsaw, who points out that Art. 12 Section 2 of the Education System Act, specifying that the conditions and method of organizing religious education in public schools and kindergartens are established in consultation with churches and religious associations, which, according to Para. Section 74 Section 2 of the Principles of Legislative Technique established by the Prime Minister’s Regulation of 20 June 2002, means the need to obtain explicit approval from churches and religious associations. It should be noted that the Minister of National Education did not obtain such approval, therefore, in issuing the regulation in question, the fundamental constitutional principle of legalism was violated, which establishes that public authorities act on the basis of and within the limits of the law.
Lawyers point out mistakes made by the Ministry of National Education
The association refers to the opinion of Prof. Paweł Borecki from the Department of Religious Law of the Faculty of Law and Administration of the University of Warsaw. In his opinion the regulation must be changed in consultation with all officially operating churches and religious associations. He emphasizes that“in agreement” means to get approval.
– Meanwhile, as far as I know, representatives of the Catholic Church were invited to the ministry and legislative proposals were communicated to them. They took note of this, but nothing was agreed upon. No document regarding the agreement was signed – Prof. Borecki said in an interview with “Rzeczpospolita”.
In turn, on Radio Maryja, Dr. Maciej Witała, board member of the Association of Secular Catechists, explained that The Education System Law stipulates that any changes in the organization of religion classes in schools require an agreement with churches and religious associations. This is not the same as expressing an opinion. According to the ministry, an agreement is the same as an opinion. The action was against the law, said Dr. Maciej Witała.
The regulations regarding the teaching of religion in schools are described in the SWPS University blog by Dr. Mateusz Radajewski, a lawyer, academician, assistant professor at the Faculty of Law and Social Communications of the SWPS University. They can be found, among others: in the concordat, in the Education System Act and in the regulation of the Minister of National Education on the conditions and method of organizing religious education in kindergartens and public schools.
They state that school management is obliged to organize religious education classes in schools if at least seven students are willing to participate. “In other cases, catechesis can take place in another school (such as interschool classes), or even at a catechetical point located, for example, near a temple. Even so, formally, these are still religious education classes that take place as part of school lessons,” writes Dr. Radajewski.
Until now, religion classes took place for two hours a week. “Reducing this number is only possible with the consent of the competent authorities of the relevant religious association.” – writes Dr. Radajewski.
– What is noteworthy: all religions benefit from this agreement, not just Catholic ones, because according to the Constitution, no religion can be discriminated against. Each religious association can apply to organize religious lessons at school for itself – and this is also the case when we have religious minorities – highlighted Dr. Maciej Witała.
Intervention by the Commissioner for Human Rights
The Ombudsman also intervened in this case. Marcin Wiącek raised similar arguments that were included in the position of the catechists. He asked the Minister of Education to respond to the claim regarding the obligation to cooperate with institutions and organizations responsible for the configuration of religious classes. “As stipulated in Art. 12 Section 2 of the Education System Act, the Minister responsible for education and upbringing, in consultation with the authorities of the Catholic Church and the Polish Autocephalous Orthodox Church and other churches and religious associations, determines, by means of a regulation, the conditions and form of implementation by schools of the tasks referred to in Section 1. 1 (religious education)”, the Ombudsman wrote.
The Commissioner for Human Rights received indications that such consultations had not been conducted to the satisfaction of the other parties prior to the preparation of the draft Regulation.
In response, Deputy Minister of Education Katarzyna Lubnauer wrote that meetings took place between representatives of the ministry and representatives of churches and religious associations that organize religious education, during which “representatives of the church presented their arguments”.
