Poland
Poland
| Right | Section | Contents |
|---|---|---|
| Freedom of Association | History | Freedom of association was initially protected in the 1921 constitution, passed following the establishment of the first modern Polish state in the aftermath of World War I. Article 108 says that citizens have “the right of meeting and of association, as well as that of founding societies and unions;” it then says that “the application of these rights is regulated by law.” “The Constitution of the Polish Republic.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpl0051&collection=cow. |
| Freedom of Expression | History | The Constitution of 1997 was the first document to protect freedom of expression in the present-day Republic of Poland, with Article 54 specifically outlining the right. Article 54 of the 1997 Constitution of Poland states: "The freedom to express opinions, to acquire and to disseminate information shall be ensured to everyone.” That said, past Polish governments have protected this right through a variety of legal documents, the earliest being the 1921 Constitution of the Republic of Poland.
Article 104 of the 1921 constitution states: “Every citizen has the right to express his ideas and opinions freely, provided that in so doing he does not violate the law.” Article 105 of the same further stipulates: “Liberty of the Press is guaranteed. The Press shall not be subject to censorship and shall not be subsidized…” Article 5 of the 1935 constitution reaffirms this right: “(2) The State assures its citizens the possibility of developing their personal capabilities, as also liberty of conscience, speech, and assembly. (3) The limit of these liberties is the common good.”
“Constitution of the Republic of Poland, March 17 1921.” Sejm of the Republic of Poland. Accessed July 17, 2023. http://libr.sejm.gov.pl/tek01/txt/kpol/e1921.html “Constitution of the Republic of Poland of 2nd April, 1997.” Sejm of the Republic of Poland. Accessed July 17, 2023. https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm “Poland 1997,” Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Poland_1997 “The Polish Republic,” HeinOnline, accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.77) “Constitution of the Republic of Poland (April 23rd, 1935)”. HeinOnline. Accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.12) |
| Freedom of Religion | History | Poland’s first constitution came in the form of the “Act of the Government,” and was enacted in 1791. Title I addresses religion by naming the Catholic religion the official religion of the country. It also grants government protection to any of those who may practice another religion.
Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzpl0056&id=2&collectio n=cow&index=.
|
| Freedom of the Press | History | Title II, Section XVI of the 1815 Polish Constitution originally protected press freedom: “The liberty of the press is guaranteed. The law shall determine the method of restraining its abuses" (Wikisource, "Constitutional Charter of the Kingdom of Poland, In the Year 1815" ). Today, Article 14 of Poland’s 1997 Constitution protects press freedom: “The Republic of Poland shall ensure freedom of the press and other means of social communication" (Constitute Project, “ Poland’s Constitution of 1997 with Amendments through 2009” ). |
| Privacy Rights | History | The 1921 Polish Constitution grants privacy in the home and communication in articles 100 and 106, respectively (Sejm Parliamentary Library, “Constitution of the Republic of Poland, March 17, 1921” ). Today, Article 47 of the 1997 constitution protects the general right to privacy in Poland: “Everyone shall have the right to legal protection of his private and family life, of his honour and good reputation and to make decisions about his personal life.” Articles 49 and 50 extend these protections to communications and the home (Constitute Project, “Poland 1997 rev. 2009” ).
http://libr.sejm.gov.pl/tek01/txt/kpol/e 1921. html https://constituteproject.org/constitution/Poland_ 2009? lang=en |
| Voting Rights and Suffrage | History | Article 62 of the Polish Constitution grants citizens over the age of 18 the right to vote for the President and representatives of the Sejm and Senate and participate in referendums. Article 127 states that the President of the Republic is elected by the people every 5 years via universal, direct, and secret voting. (Constitute Project, “ Poland’s Constitution of 1997 with Amendments through 2009” ). |