Sources:[67] The Polish Ministry of Health publishes official data on legal abortions and their causes every year. The number has remained stable over the years, between 1,000 and 2,000. In 2019, there were 1,110 legal abortions, including 1,074 for cases of fetal malformations. Of these, 271 were for Down syndrome without other abnormalities and 60 cases were for Patau syndrome or Edwards syndrome without other abnormalities. [68] After the fall of communism, Poland passed a strict new abortion law in 1993, with the support of the Catholic Church, which made abortion illegal again, with the exceptions mentioned above. Little has changed since then. “This law is a compromise between the Catholic Church and politicians without women`s participation,” said Krystyna Kacpura, executive director of the Federation for Women and Family Planning in Warsaw, Poland. “Our voices have been neglected and ignored.” In 1973, the Supreme Court`s decision Roe v. Wade legalized abortion in the United States. Now, nearly 50 years later, he could reverse that decision this month. Abortion activists worry about what this means in the future. But could other countries already provide a snapshot? NPR`s Deb Amos reports from Warsaw, Poland, which has the strictest abortion restrictions in Europe. And a quick warning, there`s a brief discussion about rape in this story.
DEBORAH AMOS, BYLINE: In Poland, abortions are almost completely illegal. But there are still legal ways to help women who call the hotline, Lewandowska says. She works for FEDERA, the oldest pro-choice family planning organization in Poland. She sympathizes with Americans who fear the worst if the U.S. Supreme Court decides on abortion. Poland had the toughest restrictions in Europe. And last year, Poland`s Constitutional Court tightened the ban even further. One year after the discredited Polish Constitutional Court`s ruling banning access to abortion in almost all circumstances came into force, its devastating impact on the lives of women and all those in need of abortion treatment persists. The decision raised extreme barriers for women seeking access to abortion and had tragic consequences for many of them and their families. Since the decision entered into force on 27 January 2021, more than 1,000 women have turned to the European Court of Human Rights to defend their rights, challenge Poland`s highly restrictive abortion law and demand justice. These groundbreaking cases are the first direct appeals to the European Court of Justice against Poland`s abortion law and the 2020 ruling of the Constitutional Court.
The applicants claim that the Polish abortion law causes them serious harm and violates their rights to privacy and protection from torture and other ill-treatment. The Court is expected to rule in some of these cases: K.B. v. Poland and 3 other requests; K.C. v. Poland and 3 other requests; and A.L.-B. v. Poland and 3 other requests. Nine leading international human rights organisations have filed third-party interventions with the European Court of Human Rights in these cases, including Amnesty International, the Center for Reproductive Rights, Human Rights Watch, the International Commission of Jurists (ICJ), the International Federation for Human Rights (FIDH), the International Planned Parenthood Federation (IPPF) European Network, Women Enabled International, Women`s Link Worldwide and the World Organisation Against Torture (OMCT). The interventions provide evidence and analysis based on international human rights law, comparative European law and World Health Organization guidelines. They highlight the profound impact that highly restrictive abortion laws have on the lives and health of women and girls of reproductive age. “Restrictive abortion laws like Poland`s are contrary to international and European human rights standards and public health guidelines.
They endanger women`s freedom, dignity, health and lives. Our organisations` interventions aim to highlight critical aspects of these restrictive human rights laws, and we are proud to support efforts to hold Poland accountable for these ongoing human rights violations,” the organisations said. Poland has one of the most restrictive abortion laws in Europe. Along with Malta, it is one of only two European Union member states that have not legalised abortion on demand or on a broad social basis. In Poland, abortion is only permitted in situations where the life or health of a pregnant woman is in danger or if the pregnancy is the result of rape. In practice, however, it is almost impossible for people eligible for legal abortion to obtain one. Every year, thousands of women leave Poland to access abortion treatments in other European countries, while others import medicated abortion pills or seek extra-legal abortions in Poland. Polish women, especially those in difficult socio-economic situations, need crucial assistance from civil society organisations, which often have limited resources. 12 million In October 2020, Poland`s discredited Constitutional Court ruled that abortion was unconstitutional due to “severe and irreversible fetal malformations or an incurable life-threatening disease.” This decision follows a complaint filed by members of the Polish parliament and officially supported by the Prosecutor General. The judgment entered into force on 27 January 2021. Both the European Court of Human Rights and the European Commission have found that the Constitutional Tribunal does not meet the requirements of a fair trial because of its lack of independence vis-à-vis the legislative and executive powers.
The ruling removed one of the only remaining legal bases for abortion under Poland`s highly restrictive law, and its entry into force means there is now a near-total ban on abortion in Poland. Previously, more than 90% of the approximately 1,000 legal abortions performed each year in Poland took place on this soil.
