2020 Changes in the abortion law in Poland
On October 22, 2020, Polish Constitutional Tribunal found that abortion in the case of severe fetal defects is inconsistent with Article 38 of the Polish Constitution.
The chief justice, Julia Przyłębska, said in a ruling that existing legislation – one of Europe’s most restrictive – that allows for the abortion of malformed foetuses was “incompatible” with the constitution. After the ruling goes into effect, abortion will only be permissible in Poland in the case of rape, incest or a threat to the mother’s health and life, which make up only about 2% of legal terminations conducted in recent years.[1]
Almost all legal abortions in Poland are performed on the grounds of foetal defects, so this ruling, which is final and binding, effectively bans pregnancy terminations.
Poland is one of Europe's most strongly Catholic countries, but there was no public clamour for this. For years opinion polls said a clear majority of Poles opposed a more restrictive law.
Bishops and lay Catholic groups pressured the governing Law and Justice party to impose a stricter law. The party supports traditional Catholic values but changing it was problematic. There was opposition both in parliament and on the streets. In 2016 an estimated 100,000 people, mostly women, protested to block an attempt to tighten the law.[2][1]
Abortion rights advocates say those numbers reflect the restrictions already in effect, which make it all but impossible for Polish women to obtain a legal abortion, prompting them to seek illegal abortions or go abroad.
“In practice it takes weeks, sometimes months,” to obtain a legal abortion, said Karolina Wieckiewicz, a lawyer and activist with the group Abortion Without Borders. “Some people decide to risk the battle in Poland; others look for alternatives.”
Dunja Mijatovic, the human rights commissioner of the Council of Europe, which advocates for rights and democratic rule, noted that situation in criticizing the court decision.
Support was expressed by Kaja Godek, who additionally supports the prohibition of abortion when a child is conceived of a rape .The pro-life activist was asked on Radio Zet about the remaining cases of termination of pregnancy. The second option allows abortion if the pregnancy resulted from a prohibited act, such as rape (up to 12 weeks from conception). - I trust that this regulation will also be abolished, because we are for the full protection of life. A child conceived of rape is also a victim of rape. It has the right to conceive - said Godek.[3]
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References[edit]
- ↑ "Poland abortion: Top court bans almost all terminations". BBC News. 2020-10-23. Retrieved 2020-10-23.
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