Places visited by the National Preventive Mechanism in 2011
know that there was such possibility (YSC No 7 in Warsaw, YCC No 2 in Warsaw, YCC in
Kolonia Szczerbacka and YCC in Kamionek Wielki).
Article 53 of the Constitution of the Republic of Poland stipulates that freedom of conscience and religion shall be ensured to everyone; freedom of religion shall include the
freedom to profess or to accept a religion by personal choice, and no one shall be compelled
to participate or not participate in religious practices.. The standards laid down by international legal instruments also distinctively point to the obligation that freedom of thought,
conscience and denomination shall be ensured to everyone. For example, Recommendation
of the Committee of Ministers to member states on the European Rules for juvenile offenders subject to sanctions or measures clearly state juveniles’ freedom of thought, conscience
and religion shall be respected. The institutional regimen shall be organised so far as is practicable to allow juveniles to practise their religion and follow their beliefs, to attend services or
meetings led by approved representatives of such religion or beliefs, to receive visits in private
from such representatives of their religion or beliefs and to have in their possession books or literature relating to their religion or beliefs. Juveniles may not be compelled to practise a religion,
follow a belief, attend religious services or meetings, take part in religious practices or to accept
a visit from a representative of any religion or belief168. On the other hand, Article 14 of the
Convention on the Rights of the Child stipulates that: States Parties shall respect the right of
the child to freedom of thought, conscience and religion. Similar stipulation was included in
the United Nations Rules for the Protection of Juveniles Deprived of their Liberty: Every juvenile should be allowed to satisfy the needs of his or her religious and spiritual life. If a detention facility contains a sufficient number of juveniles of a given religion, one or more qualified
representatives of that religion should be appointed or approved and allowed to hold regular
services.. Every juvenile should have the right to receive visits from a qualified representative of
any religion of his or her choice, as well as the right not to participate in religious services and
freely to decline religious education, counselling or indoctrination169.
In the opinion of the National Preventive Mechanism, each establishment, also if
it falls under Article 14 of the Concordate between the Holy See and the Republic of
Poland of 28 July 1993170, shall respect juveniles’ right to freedom of denomination
and conscience, and shall organise its educational activities in a manner respecting
juveniles’ freedom to choose their faith and to participate in religious practices.
Directors of YCC in Kamionek Wielki, YCC in Rzepczyn, YCC in Ustka and YSC No 7
in Warsaw accepted the recommendations of the Mechanism. Directors of YCC in Kalisz,
YSC in Piaseczno and Saint Faustina YCC in Cracow rejected the NPM’s findings, stating that female juvenile residents are obliged to accept and observe in their entirety the
educational rules applicable in catholic establishments. The Mechanism addressed relevant Education Officers on this issue. Chief Education Officer in Mazowieckie Voivodship
See: Recommendation 87.1-3 in: CM/Rec (2008)11.
See: Rule 48, Resolution of the United Nations General Assembly 45/113.
Dz. U. of 1998, No 51, item 318.
168
169
170
97
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