Legal bases of cooperation between the State and the Church in Poland

Proclaimed by II Vatican Council Pastoral Constitution on the Church in the modern World Gaudium et spes the rules relation between the Church and the State have the quality of common postulates: “The Church and the political community in their own fields are autonomous and independent from each other. Yet both, under different titles, are devoted to the personal and social vocation of the same men.

The more that both foster sounder cooperation between themselves with due consideration for the circumstances of time and place, the more effective will their service be exercised for the good of all”.⁴

3 john Paul II, Apostolic exhortation on the role of the Christian family in the modern world „Familiaris consortio”, [FC], 22.11.1981, Acts of the Apostolic See 74 (1982) p. 81-191.

4 II Vatican Council, Pastoral constitution on the Church in the modern world,

„Gaudium et spes”, [GS], 7.12.1965, Acts of the Apostolic See 58 (1966) p. 1025-1115.

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Cooperation means actions in conjunction with the institutions which are independent of each other, realize on partner rules.

Binding in Poland The Act on guarantees of freedom of conscience and religion of May 17th 1989⁵ in the article 16 proclaims:

“The state cooperates with the Church and other religious unions in peace, shaping conditions for development of the country and combat against social pathology (…) to investigate problems connected with the development connections between the State and Churches and other religious unions, and different, also permanent, forms of cooperation can be set up. This regulation does not disturb adequacy of the State’s organs and Churches’ organs and other religious unions”.

The article 25 paragraph 3 The Constitution of the Republic of Poland⁶ of April 2nd 1997 proclaims: “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”. The range of this cooperation marks the constitutional order and rules of democratic state. That principle is connected with the article 1 of the Polish Concordat⁷ of july 28th 1993, which says: “The Republic of Poland and the Holy See reaffirm that the State and the Catholic Church are, each in its own domain, independent and autonomous, and that they are fully committed to respecting this principle in all their mutual relations and in co-operating for the promotion of the benefit of humanity and the good of the community”. Necessity of this cooperation is the result of auxiliary role of the Church and State in relation to the same people, who are members of these two communities.

5 Ustawa z 17.5.1989 o gwarancjach wolności sumienia i wyznania, Dziennik Ustaw of 1989 No. 29, item 155 (The Act on guarantees of freedom of conscience and religion).

6 Konstytucja Rzeczypospolitej Polskiej z 2.4.1997, Dziennik Ustaw of 1997 No. 78, item 483 (The Constitution of the Republic of Poland).

7 Konkordat z 28.7.1993 między Stolicą Apostolską i Rzecząpospolitą Polską, Dziennik Ustaw of 1998 No. 51, item 318 (Concordat between the Holy See and the Republic of Poland).

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Constitutional description of mutual relation between organs and State’s and Church’s institutions is completed by the article 11 of the Polish Concordat, where the rule of cooperation to the purpose for the good of marriage and family was written: “The Contracting Parties declare their will to co-operate for the purposes of protecting and respecting the institution of marriage and the family, which are the foundation of society. They stress the value of the family and the Holy See, for its part, reaffirms Catholic doctrine of the dignity and indissolubility of marriage”. There are also legal acts, which clearly show domains of cooperation between the State and religious organisations.

According to the article 1 paragraph 3 of The Act of upbringing in sobriety and counteracting alcoholism of October 26th 1982^ government administration authorities and local government units shall also cooperate with the Catholic Church and other churches and religious associations within the scope of upbringing in sobriety and counteracting alcoholism.

On the other hand Social Welfare Act of March 12th 2004⁹ in the article 2 paragraph 2 provides that social welfare is organized by the government and local governments cooperating on that area on the partnership principle with the Catholic Church, other Churches and religious associations. The field of cooperation is wide by reason of social welfare includes support for people and families mainly because of poverty, orphanhood, homelessness, unemployment, disability, long or serious disease, violence in the family, the need of protection human trade victims, the need to protect motherhood or numerous families, helplessness of educational-tutorial cases and housekeeping, especially in numerous or incomplete families, in the lack of ability to adaptation to life by young people who leave day and night tutorial institutions, difficulties in integration foreigners, who received in Polish Republic status of refugee or protection which completes

 Dziennik Ustaw of 2007 No. 70, item 473 with subsequent amendments (The Act on upbringing in sobriety and counteracting alcoholism).

9 Dziennik Ustaw of 1998 No. 64, item 414 with subsequent amendments (Social Welfare Act).

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difficulties in adaptation to living after leaving a prison, alcoholism or drug addiction, fate incident and critical situation, natural or ecological calamity.¹⁰ The State and local governments may instruct Churches and other religious associations some task connected with the social welfare and support them financially.¹¹

Very important area of cooperation between the Church and the State for the family is the respect for protection of human’s life since the conception.

2. Protection of a conceived child in the general principles