Freedom of speech exercised within freedom of religion in the Catholic Church in Poland and the legal restrictions concerning the SARS-CoV-2 epidemic Cover Image

Wolność słowa realizowana w ramach wolności religii w Kościele Katolickim w Polsce a prawne ograniczenia dotyczące epidemii SARS-CoV-2
Freedom of speech exercised within freedom of religion in the Catholic Church in Poland and the legal restrictions concerning the SARS-CoV-2 epidemic

Author(s): Lidia K. Jaskuła
Subject(s): Law, Constitution, Jurisprudence, Media studies, Constitutional Law, Human Rights and Humanitarian Law, Public Law, Social Informatics, Administrative Law
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: freedom of speech; freedom of religion; epidemic; SARS-CoV-2; legal restrictions;wolność słowa; wolność religii; epidemia; SARS-CoV-2; prawne ograniczenia

Summary/Abstract: The present paper is an attempt to analyze the state of freedom of speech exercised during public religious practices at the time of the epidemic. The main research problem addressed in the study is whether the restrictions introduced due to the SARS-CoV-2 epidemic affect freedom of speech exercised within freedom of religion. The paper discusses the normative framework of freedom of speech exercised within freedom of religion, the restrictions on the functioning of the Catholic Church established to control the SARS-CoV-2 epidemic in Poland, and the practical consequences of these restrictions for freedom of speech in the context under discussion. The conducted analyses have led to the conclusion that restricting freedom of religion in its external dimension also means restricting freedom of speech exercised within freedom of religion. The restrictions in place in Poland do not meet the legal conditions for limiting human freedom. Therefore, it should be emphasized that in the face of the threats posed by the SARS-CoV-2 epidemic, limitations of certain rights and freedoms introduced in order to protect life and health are essentially justified, but such actions should respect legal requirements. The opposite may lead to the erosion of the law, destroy its authority, violate the rights and freedoms of individuals, and negatively affect Church-State relations. Such “standards” of public administration cannot be justified by an epidemic and it is not possible to accept them in a democratic state ruled by law.

  • Issue Year: 2021
  • Issue No: 24
  • Page Range: 279-300
  • Page Count: 22
  • Language: Polish