Poland’s Constitutional Court Has Effectively Banned Abortion, But We Will Not Stop Fighting For Our Fundamental Rights
A Pro-Choice activist holds a smoke flare during a protest in Krakow’s Market Square. Women’s rights activists and their supporters staged their seventh day of protests in Krakow and all over Poland, opposing pandemic restraint, to express their anger at the ruling of Polish Supreme Court, which tightened the already strict abortion laws. Credit – Artur Widak—NurPhoto via Getty Images
Poland’s anti-abortion laws have always been among the most restrictive in Europe. Until this week the procedure was only permitted when the pregnancy posed a threat to the woman’s life; if there was a fatal fetal abnormality or in cases rape or incest.
However on Oct. 22 the country’s constitutional court ruled that a fatal fetal abnormality was not justification for terminating a pregnancy and violates the constitution. For the over 10 million women of reproductive age in Poland, this ruling effectively puts in place a complete ban on abortion.
According to official data, just over 1,100 legal abortions are performed annually in Poland–98% of which are in cases of fatal fetal abnormalities. The procedure prevented further pain and suffering for both the woman and the fetus.
While the court’s ruling has not yet come into force, many Polish hospitals have already stopped carrying out terminations. Women with scheduled procedures are having their appointments canceled. Women with a diagnosis of fatal fetal abnormality are not being provided with information and don’t know where to find help, left alone with their tragic news. At the Federation for Women and Family Planning we are getting calls from men asking for help for their wives or partners. The women are often so devastated they are unable to speak.
We try to support them as much as possible and there are some doctors who support them too. After our campaigning some hospitals have again begun to perform abortions but it is only a drop in the ocean of what is needed.
The ruling is an outrageous violation of women’s human rights. Women are being treated like living incubators. We do not have any rights, not even the fundamental human rights guaranteed by the Polish Constitution: the right to health, the right to private life, the right to equal treatment.
Not one word was said in defense of women during the debate. The fetus, called the “conceived child,” has the rights of an already existing life. During the Tribunal’s debate the most cruel statement was that we cannot “kill a conceived child” just because its birth would “reduce the comfort of a woman’s life.”
Forcing a woman to give birth to a child with severe, irreversible conditions is cruelty. Whether or not to keep the pregnancy should be the decision of the woman, or the woman and her partner. They will be the only ones to bear the traumatic consequences of this decision.
The politicians of the ruling party in Poland allowed the politicized Tribunal to issue what is a cruel and shameful decision. They hoped