Securing “Collective Loyalty of Polish Citizens” through Law: Penalizing Defamation of the Honor and Good Name of the Polish Nation

Thursday, March 29, 2018
Burnham (InterContinental Chicago Magnificent Mile)
Aleksandra Gliszczyńska-Grabias , Polish Academy of Sciences, Poland
The end of the “pedagogy of shame” and “apologizing policy” was announced by the “Law and Justice” party on the night of its electoral victory in October 2015. It was a clear reference to the behavior of a large part of Polish society, expressing pity and shame for the truth about the anti-Jewish pogroms conducted by Poles during and after WWII. Soon this new „national collective loyalty” will be legally enforceable. Polish Minister of Justice is currently preparing a criminal code provision - The bill on the prevention of insult to the national honor and good name of the Polish nation.

On the electoral night nobody suspected, however, that imposing new historical narrative would be only one element of a broader plan, namely creating a new model of citizenship, based both on national and ethnic origin as well as on citizens’ attitude towards liberal democracy. Those trying to protect the constitutional order, rule of law, civil society and respect for human rights are being more and more often presented as “foreign agents” or “untrue Poles”. This trend goes hand in hand with the grotesque understanding of the notion of “Polish nation”, whose honor must be defended by criminal repression.

The paper will demonstrate the consequences of going away from the principles of liberal democracy and human rights standards, for re-shaping the concept of citizenship. In particular, the problem of transferring rights and freedoms from an individual to the collective defined as “nation” or “community of true citizens” will be considered.