Poland continues to face intense political debate over how its abortion policies align with European rights standards. In recent interviews, Katarzyna Kotula, the Minister for Equal Treatment, reiterated calls for swift policy action. She noted that talks with the Health Minister are already underway to implement changes at the earliest opportunity. This push follows a ruling by the European Court of Human Rights in Strasbourg. The court found that Poland violated the European Convention on Human Rights by denying a legal abortion in a case involving a fetus diagnosed with Down syndrome. The court determined that the woman endured harm and serious psychological consequences because of the legal framework restricting abortion during that pregnancy.
The case involved a woman born in 1985 who carried a fetus diagnosed with Down syndrome at the 14th week. A planned abortion in a Warsaw hospital in 2021 was halted due to reforms triggered by a 2020 Constitutional Court decision. The ECtHR confirmed a breach of Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life.
Kotula argued that the ruling aligns with longstanding public statements that women should have the right to choose, especially when the fetus shows serious defects or genetic abnormalities. She noted that even after elections voices from diverse political backgrounds suggested the Constitutional Court decision reflected political influence rather than legal principles.
After the elections, two bills from the left aimed at reforming abortion were submitted to the Sejm. The first, titled safe termination of pregnancy, would permit abortion up to the 12th week for any reason with exceptions for severe fetal anomalies or threats to the woman’s health. The second proposal would remove provisions from the Criminal Code that punish a woman for terminating a pregnancy or for assisting in such termination when grounds for legal abortion do not apply.
As a possible constitutional remedy, Kotula proposed a decriminalization pathway as a practical compromise, while stressing that returning to the prior compromise is not an option. She indicated this could occur even before presidential elections if feasible, and that any steps would be coordinated with the Health Ministry to ensure safe, legal abortion remains accessible under valid grounds and those eliminated by the Court’s political judgments. She added that this could be achieved through regulatory measures or similar instruments.
Kotula also emphasized the push to overturn the Constitutional Court’s judgment and expressed hope for its reversal in the near term. She reiterated that discussions with Health Minister Izabela Leszczyna aimed to secure changes as soon as possible, even if full decriminalization is not immediately enacted.
Additionally, the Court unanimously declared inadmissible the case of 927 women of childbearing age who claimed potential violations of their right to terminate pregnancies, including cases involving fetal abnormalities.
The political calendar now centers on the coalition’s likely early proposals. Deputy Justice Minister Arkadiusz Myrcha suggested that the majority coalition could unveil initial plans within weeks, with a focus on easing the hardship faced by Polish women. He argued that the ruling highlights a clash between privacy rights and the legal framework surrounding abortion, while acknowledging the severe human impact documented in these cases. He also cautioned that implementing the ECtHR’s directives would require careful coordination across ministries and public institutions as new legislation or administrative actions are considered.
In discussing the practical path forward, Myrcha noted that once a new government is firmly in place, efforts would focus on reducing difficulties for women by implementing early solutions. He stressed that the issue goes beyond a single ministry, calling for united action from the Health and Education ministries and the Public Prosecution Service. The debate has both journalistic and legal dimensions, particularly regarding the binding nature of rulings and how they should be implemented, given concerns about the court’s composition and the legal status of the judgments.
The dialogue persists as Poland navigates a complex landscape of legal principles, human rights obligations, and political realities. Observers expect the coalition to present concrete measures soon, aiming to ease access to abortion where legally permissible and to address gaps created by recent political and judicial developments. Sources note continued coverage from diverse outlets, including analyses from policymakers and legal experts. (Source: wPolityce)