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Poland's Lost Fight

  • Martyna Wrona
  • Feb 25, 2021
  • 3 min read

What has happened? On the 22nd of October Poland's Constitutional Tribunal has ruled that abortions in cases of foetal defects are unconstitutional. Once the decision came into effect, terminations are only allowed in cases of rape or if the mother's life is at risk. This brought a massive wave of protests and many human-rights groups to speak up.


What is the background? Abortion has been a highly controversial issue in Poland - country with one of the strictest abortion laws in Europe. There are only around 1,000 legal abortions every year in Poland, from which 98% is carried out on grounds of severe foetal defect, which has now been ruled out. And even if people with uterus did qualify for a legal procedure, they would need to face several challenges, as abortion is a highly stigmatised issue in Poland. The beforementioned numbers reflect how impossible for Polish women would it be to obtain a legal abortion, prompting them to seek help elsewhere. Following, the number of abortions carried out illegally or abroad revolve between 80,000 and 120,000, sometimes in unsanitised and dangerous conditions.


The Polish constitutional crisis began in 2015, just after disaffirming of Constitutional Tribunal Judges, followed by takeover of the National Council of Judiciary, previously responsible for judges’ independence. Those were also the bishops and lay Catholic groups who pressured the governing Law and Justice party to impose a stricter law. At the end of 2019, the governing party asked the court to debate on the issue. The leader of the party, J. Kaczynski said that abortion is inconsistent with the constitution, saying that country "shall ensure the legal protection of the life of every human being" and that this decision is irreversible.


What's the latest on the protests? A strike is under way in Poland by women opposed to a court. Crowds of tens of thousands of people have been protesting in several cities ever since government’s decision was made. In the capital, Warsaw, people chanted "this is war". Currently, many people might be seen protesting, with placards displaying verses of revolution and huge, red firebolt - the symbol of resistance. Symbol speaking up for women, whose voices in this case were being drowned out by the government. Those protests give hope and strength to the society, which couldn’t do anything before, as the government pushed the change through without parliamentary debate or public consultation. For years opinion polls said a clear majority of Poles opposed a more restrictive law. There was opposition both in parliament and on the streets. In 2016 an estimated 200,000 people, mostly women, protested to block an attempt to tighten the law.


The situation in Poland is even worse, with limited access to birth control and morning-after pills, no financial support or recognition of in-vitro treatment, nearly non-existent sexual education and poor support for those in need. There is also very little financial, prenatal and maternal help for women with disabled children. Polish human rights activist, Antonina Lewandowska, said that: "It's inhuman, it's honestly despicable to make anyone carry a pregnancy to term, especially if the foetus is malformed, putting women on risk".


What are the activists organizations saying? The month October marked a sad period for women’s rights. International Actors must not only speak with solidarity of Poland, but also call on Poland to respect women’s rights and promote peace. Draginja Nadazdin, Director of Amnesty International Poland, said: ‘The massive wave of international support for women in Poland is a sign that the government cannot simply violate women’s rights without opposition. Women’s right to protest against these restrictions must be upheld. The police must facilitate those wishing to protest peacefully, including by safeguarding protesters against harassment and violent attacks by counter-demonstrators’.



 
 
 

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