Communist Law and the Protection of Religious Freedom in Poland
Piotr Szymaniec is a professor at and the director of the Institute of Socio-Legal Studies, Angelus Silesius University of Applied Sciences, in Wałbrzych (Poland).
For 123 years, between 1795 and 1918, maps of Europe contained no independent Polish state. In the second half of the nineteenth century, former Polish lands were subject to quasi-colonial policy (with the exception of Galicia, which gained autonomy within Austria-Hungary). This policy was reflected in enforceable law; legal orders of all states ruling Polish lands defined crimes against religion, the most serious of which was blasphemy. The Austrian Criminal Code of May 27, 1852; the German Code of May 31, 1870; and the Russian Code of 1903 all introduced the crime of blasphemy.
It is well known that Roman Catholicism played a central role in Ireland’s colonial and independence eras. Various formal legal disabilities on and discriminations against Roman Catholics under the Penal Laws were seen as a major source of British colonial oppression in Ireland. These laws were in force for a long time, and their longevity and impact distinguish the experience of Irish Catholics from many of their European co-religionists [1]. The divisions between Catholic Ireland and Protestant Great Britain were entrenched by reference to religious belief and status, and religious liberation was therefore a major part of movements opposing British rule in Ireland. Catholicism became the “central characteristic of Irish nationalism” [2] and the primary way by which to distinguish the colonizer from the colonized. The population of the Irish state was, at the time of its independence in 1922, more than 90% Roman Catholic, while Catholics were a small minority of the population of the United Kingdom.