Abortion rights in Poland

Idnes reports on the timing of the restrictions and the impact of subsequent protests. Last Thursday, the Polish Constitutional Court made it unconstitutional for abortions to be performed in cases of severe foetal impairment. Poland, already a nation with one of the strictest abortion laws in Europe, now only allows the termination of a pregnancy if it endangers the life or health of the mother or if this pregnancy was the result of rape or incest. According to critics, this new ruling is effectively a total ban on legal abortions in Poland. Moreover, the Court has been accused of enabling the ideologies of the ruling Law and Justice Party (PiS). As a result of this ruling, people came to the streets to show their discontent. Protestors were able to block traffic in several cities. In Krakow, a group of about 300 cars drove in a convoy to the city center to block traffic there. Furthermore, protestors have criticised the Catholic Church, which they allege has joined forces with PiS to push through changes to abortion law. Due to the growing number of coronavirus cases in the country, the Polish government called on the protestors to end the demonstrations. In addition, stricter measures have been in place in the country since Saturday. The protestors, however, have also criticised the timing of the Court’s ruling. Andrzei Matyja, President of the Polish Medical Chamber, said that making such a decision during the pandemic amounted to “irresponsible provoking of people to rallies'' where social distancing cannot be maintained.

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Gazeta Wyborcza reports on the solidarity between Poles during the recent protests. Demonstrations have been reported in 91 different locations across the country, even in villages which have traditionally voted for Law and Justice (PiS). Many employers, including small business owners, have given their staff time off from work to be able to attend the protests. The protestors seek to replicate 2016’s ‘Black Monday,’ when women dressed in black roamed the streets and refused to go to work. Additionally, the Mayor of Warsaw Rafał Trzaskowski has shown his support for the women protesting for their rights. He has said that employees of the City Hall in Warsaw can take leave in order to protest. Moreover, employees of the University of Warsaw who want to join the protests have been given permission to do so. 

Expresso writes about the implications for the separation of powers in Poland due to the ruling of the court. Chanting “war on women,” protesters went on the streets across Poland against the decision of the Constitutional Court. Since 1993, abortions in Poland had previously been allowed in the cases of rape, danger to the health for the mother, or malformations of the foetus. Now, the Court has banned the latter. Protestors demand a referendum on this controversial ban. Moreover, the Court’s decision has deepened pre-existing controversies surrounding the separation of powers in Poland. The European Union has already launched infringements against Poland due to the reduced independence of the judiciary. According to data from the Polish Ministry of Health, in 2019 there were 1,110 legal abortions in Poland, 96% of which were due to malformations of the foetus. 

Adevărul reports on the controversial ruling and the support for the Polish protests in Romania. The highest court in Poland, made up of people close to the current right-wing government, ruled that it is unconstitutional to terminate a pregnancy if the baby has zero chances of survival due to serious congenital health problems. Back in 2018, Law and Justice committed to tightening the laws for families caring for children with disabilities, causing concern among parents remaining unemployed in order to take care of disabled children. Now, in its new controversial ruling, the Polish authorities are forcing women to give birth to babies with severe malformations. The Polish-born Ana Ovcaric, who moved to Romania several years ago together with her husband, organised a protest in front of the Polish embassy. Rather than being a mere supporter of human rights, Ana felt the urge to act and to explain to Romanians, who once knew strict abortion laws under Ceausescu, that it is important to show support for women in Poland.