The removal of crosses from the public space

The essay by Aleksandra Mrozowska provides a legal analysis of demands to remove religious symbols—primarily the cross—from public spaces, advanced by left-liberal politicians and non-governmental organizations under the slogan of “worldview neutrality.” The author points out that this dispute centers on two main axes: the right of Christians to manifest their faith through religious symbols, and the potential violation of the “negative freedom of religion” of non-believers. Specific proposals to remove crosses from parliamentary chambers, schools, and civil registry offices have been put forward by, among others, Donald Tusk and Sylwia Spurek, as well as, at the local level, by city councilors in Poznań and Warsaw. At the same time, NGOs such as the Congress of Secularism, the Freedom from Religion Foundation Poland, and the Nationwide Women’s Strike are advocating for the complete secularization of public institutions.

The author argues that these demands have no basis in the Polish legal order. The Constitution of the Republic of Poland does not contain a provision guaranteeing the secular nature of the state; on the contrary, the Constitutional Tribunal has explicitly indicated that the principle of a secular school is inconsistent with the Polish legal system. Article 53(1)–(2) of the Constitution guarantees everyone freedom of conscience and religion, including the right to publicly manifest one’s beliefs, including the display of religious symbols. Article 25(2) imposes on public authorities a duty of impartiality, not indifference toward religious matters—thus, refusing to display the cross would itself constitute a violation of this principle. Moreover, the presence of the cross in schools is explicitly guaranteed by a 1992 regulation issued by the Minister of National Education.

In conclusion, the author states that all attempts to remove religious symbols from public spaces are unfounded and unlawful, and that the case law of both Polish courts and the European Court of Human Rights—especially the Grand Chamber judgment of March 18, 2011, in Lautsi v. Italy—confirms that the cross, as a fundamentally passive symbol, does not violate the rights of non-believers. The presence of religious symbols in public space constitutes an integral element of national and cultural identity, and individuals who do not identify with Christianity cannot demand their removal from the shared public sphere.