Hundreds of thousands of Poles have taken to the streets since an October 22 Constitutional Tribunal ruling that sharply limited Poland's already restrictive abortion laws. On 22 October 2020, the Polish Constitutional Tribunal issued a ruling that effectively tightened the law on abortion in Poland, making abortion illegal in almost all cases, including severe and irreversible disability or incurable and life threatening disease of fetus. The Court relied on international law, in particular the UN Convention on the Rights of the Child, which recognizes that "the child, by reason of his physical and intellectual immaturity, needs special protection and care, including appropriate legal protection, before as well as after birth", and the Convention on the Rights of Persons with Disabilities, which prohibits discrimination on the basis of disability. On 22nd October 2020, the Polish Constitutional Tribunal (CT) held unconstitutional a statutory legal provision, which had previously allowed women to access abortion on the grounds of fatal foetal abnormality. Poland's Constitutional Tribunal bans eugenic abortion as unconstitutional. Hundreds of thousands of Poles have taken to the streets since an Oct. 22 Constitutional Tribunal ruling that sharply limited Poland's already restrictive abortion laws. Polish legislation allows abortion only in three circumstances: if the pregnancy is a result of rape or incest; if the pregnancy … Abortion law. Next Last ••• More options Who Replied? An Oct. 22 ruling by the Polish constitutional court to ban abortions of fetuses with congenital defects, even when the fetus has no chance of survival at birth, sparked the protests. Poland's abortion laws were already among the strictest in Europe but the Constitutional Tribunal's ruling will mean an almost total ban. Week in Review: Old Problems, Hybrid Solutions? The decision by the country’s constitutional tribunal promised to further tighten Poland’s abortion laws, which were already some of the strictest in Europe. Thread starter Tryglaw; Start date Oct 24, 2020; 1; 2; Next. After this ruling comes into effect, abortion will only be legal to save the pregnant woman’s life or to preserve her physical health or in cases of rape or incest. The Constitutional Tribunal, which ruled to restrict abortion, is itself the product of a separate controversy: the ruling party’s takeover of the courts, an issue at the heart of a … On October 22, Polish “Constitutional Tribunal” (CT) issued a “ruling” (K 1/20) finding abortion on the grounds of “severe and irreversible fetal defect or incurable illness that threatens the fetus’ life” unconstitutional. This option will now be closed in Poland, which has one of the most restrictive abortion laws … On October 22 nd 2020, the Constitutional Tribunal of Poland (‘Tribunal’) restricted the legality of abortions in Poland. Except during the German occupation during the Second World War, this law was in effect from 1932 to 1956. – People want to demonstrate, express their reasons, show that they will not give up – explained the organizer of the protest in Lodz. The whole country is set to be declared a "red zone" on Friday. Abortio… The Polish Constitutional Tribunal’s ruling to invalidate the constitutionality of access to abortion on the ground of “severe and irreversible fetal defect or incurable illness that threatens the fetus’ life” will further harm women and girls and violates their human rights, Amnesty International, the Center for Reproductive Rights and Human Rights Watch said today. Since the Polish Constitutional Court decision banning eugenic abortion ( see our article here ), demonstrations have been taking place all over Poland to protest the ruling with the slogan "It's... On the occasion of the World Day for Down Syndrome in 2014, the video "Dear Future Mom" was broadcast on major television channels in several countries: Croatia, England, Germany, Ireland, Italy, New... On 22 October 2020, the Polish Constitutional Court considered the appeal of 119 deputies against the provisions of the Act of 7 January 1993 on family planning, protection of the human foetus and... On October 22, 2020, the Polish Constitutional Court will address the issue of eugenic abortion , i.e. (AP) (AP) Poland's Constitutional Court has struck down a provision of the Catholic country's abortion law, allowing the already strict legislation to be further tightened and drawing swift outcry from rights groups. Poland’s Constitutional Tribunal has issued a ruling that will virtually end legal abortion in Poland. Therefore, life cannot be sacrificed for health. Poland's abortion laws were already among the strictest in Europe but the Constitutional Tribunal's ruling will mean an almost total ban. Just days ago, Poland’s Constitutional Tribunal removed one of the few remaining exceptions to that country’s abortion law, ruling that abortions in cases of “fetal defect or incurable illness” constitute a violation of Poland’s Constitution. In reaching its decision, the Court stated that human life is protected at all stages of its development, as soon as conception; and that it is more valuable than health. Poland’s Abortion Ruling: What’s Happened So Far. In fact, this decision repeals the provision of the 1993 Polish law that, until now, allowed abortion when "prenatal examinations or other medical data indicate a high probability of serious and irreversible disability of the foetus or an incurable life-threatening illness." With its ruling on 22nd October 2020, the Polish Constitutional Tribunal further tightened the conditions for legal abortion and effectively removed Polish women’s control over their reproductive rights. On 22 October 2020, Poland's constitutional court ruled that abortion due to fetal defects was unconstitutional. Polish Constitutional Tribunal: Eugenic Abortion Contrary To Polish Constitution. The European Centre for Law and Justice is an international, Non-Governmental Organization dedicated to the promotion and protection of human rights in Europe and worldwide. The government’s conservative social policies, closely tied to the Catholic Church, have met with a … Eugenic abortions in Poland make up most of the 1000 to 2000 abortions performed each year, most of which mainly target children with Down's syndrome. The president of Poland's Constitutional Tribunal has defended its controversial abortion ruling, which has resulted in weeks of street protests, arguing that it was based on law, not politics. The Polish Deputies’ Appeal to the Constitutional Court. On Saturday, more demonstrations against the verdict of the Constitutional Tribunal were held in Polish cities. The Constitution would need to be revised or amended and such procedure requires a two-thirds majority vote. 1 of 2 Go to page. On 22nd October 2020, the Constitutional Tribunal of Poland ruled that access to abortion care on the grounds of “severe and irreversible foetal defect or incurable illness that … But in 2020, at the ruling party’s request, Poland’s Constitutional Tribunal ruled that almost all abortions were illegal. A woman wearing a rainbow-themed protective face mask attends a protest against the ruling by Poland's Constitutional Tribunal that imposes a near-total ban on abortion… An appeal by a hundred Polish deputies was filed in 2017 at the Tribunal, asking for the eugenics clause to be removed from the abortion law, as unconstitutional. On October 22, 2020, the Polish Constitutional Court, meeting in plenary session, rendered a historic decision declaring that eugenic abortion is contrary to the dignity and life of the human being, the respect of which are guaranteed by the Polish Constitution. Street protests will be difficult to organize, however, thanks to Poland's worsening coronavirus outbreak. The provision under review, Article 4a para 1 (2) of the Act for Family Planning and the Protection of the Foetus (1993), had decriminalised abortion… Now these lives will be protected even better. The resolution, “On the de facto ban on the right to abortion in Poland,” criticized the Polish Constitutional Court for ruling that eugenic abortion violates the Polish constitution. According to the Tribunal, abortions based on foetal abnormalities violated the dignity of human life, the principle of non-discrimination and the respect for human life (all enshrined in the Polish constitution), rights which a foetus acquires at conception. On October 22, 2020, the Polish Constitutional Court, meeting in plenary session, rendered a historic decision declaring that eugenic abortion is contrary to the dignity and life of the human being, the respect of which are guaranteed by the Polish Constitution. Now these lives will be protected even better. Once the decision comes into … The Constitutional Tribunal in Poland is widely thought to be controlled by the ruling Law and Justice Party (PiS), with Court President Julia Przylebska known to be a personal friend of PiS leader Jaroslaw Kaczynski. This week, Poland’s constitutional tribunal ruled that abortion for reasons of fetal abnormality is unconstitutional. Go. Ban on Celebrating Mass During Lockdown: the Government's Abuse of Power, Restrictions on Religious Freedom in Europe in the Name of the Fight Against Covid-19, The Radical Left Demonstrates after the Polish CC Ruling on Eugenic Abortion. On 22nd October 2020, the Polish Constitutional Tribunal (CT) held unconstitutional a statutory legal provision, which had previously allowed women to access abortion on the grounds of fatal foetal abnormality. Experts fear that the new laws will see Polish women seek illegal, dangerous means of terminating pregnancy. People protest against the ruling by Poland's Constitutional Tribunal that imposes a near-total ban on abortion, in Wroclaw, Poland on October 26, 2020 [Tomasz Pietrzyk/Agencja Gazeta via … 1 of 2 Go to page. Poland has some of the strictest bodily autonomy laws in all of Europe. “I’m not asking that we forget about the conflict over abortion, but to put it aside for a better time,” he said Friday afternoon.. With the public attention occupied by the health crisis and public gatherings of over ten people banned, demonstrations in favour of legal abortion have been limited – nothing compared to the scale of the well-known Black Protest in 2016, which made headlines around the world. The Polish Constitutional Tribunal ruled on Thursday that abortions in the case of a malformation of the foetus are unconstitutional, basically shutting down legal abortion in the country, which already had some of the toughest abortion laws in the EU. European Centre for Law and Justice | Copyright © 2020 | Poland has long had some of the strictest abortion laws in Europe. Today, the Polish Constitutional Tribunal has just announced a ruling that will see cracking down on abortion rights in Poland, effectively banning abortion in this country. North Macedonia Parliament Blockade Leaves Vital Bills in Limbo, With Arms Deals and Donations, Turkey Steps up Balkan Influence, Democracy Digest: Battle of the Budget Has Poland and Hungary Claiming Victory, Kosovo Probes Suspected Misidentification of Massacre Victims, Hungarian Media Expansion in Balkans Raises Worries but Lacks Impact, Serbian Mine Gives up Dark Secret of Kosovo War, Serbian Security Service Named Among Users of Israeli Surveillance Software, Montenegro Elects First Government Without Djukanovic Party, How EU Fraud Schemes Work in Orban’s Hungary. What Is Hungary Doing for Persecuted Christians? Poland is in the midst of an explosion of coronavirus cases, with the number of deaths growing by the day and the authorities building field hospitals. Share. Poland, since 1993, had one of the strictest abortion laws in Europe. Privacy & Security Policy. A woman takes part in a protest against the ruling by Poland's Constitutional Tribunal that has imposed a near-total ban on abortion, in Warsaw, Poland, October 30, 2020 (Maciek Jazwiecki/Agencja Gazeta via REUTERS / Reuters) Tens of thousands of people have participated in a fresh protest against a near-total ban on abortions in Poland. In 2018, the UN Committee on the Rights of Persons with Disabilities declared in an official document that: "Laws which explicitly allow for abortion on grounds of impairment violate the Convention on the Rights of Persons with Disabilities (Art,. Joined Dec 25, 2019 Reaction score 2,209. There were protests, among others, in Łódź, Szczecin and Poznań. In Poland, Protests Over Abortion Ban Could Revolutionize Politics. In Nazi Germany, which included territories of Poland 1939–1945, the penalties for abortion were increased, especially for providing an abortion to an "Aryan" woman. The ruling today comes as a result of a request filed in 2019 by a group of parliamentarians from PiS and the far-right, who asked the Tribunal to rule on the constitutionality of the legality of abortion in cases when the foetus is very sick or disabled. The ECLJ bases its action on "the spiritual and moral values which are the common heritage of European peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy" (Preamble of the Statute of the Council of Europe). Joined Dec 25, 2019 Reaction score 2,209. On November 19, 2019, 119 Polish deputies opposed eugenic abortion before the Constitutional Court. 4,5,8)." Abortion in Poland is, as of 27 November 2020, legal only in cases of rape and incest, when the woman's life or health is at risk, or if the fetus is irreparably damaged. Thousands protested against strict anti-abortion laws Poland's Constitutional Tribunal ruled on Thursday that abortion on the grounds of foetal … Constitutional Tribunal Ruling Makes Abortion Practically Illegal in Poland, Poland Begins Push in Region to Replace Istanbul Convention with “Family Rights” Treaty, Poland’s Disparate Pandemic Protesters Consider Next Move, Right Power: Slovakia Mulls New Laws Limiting Abortion. Poland’s Constitutional Tribunal Rolls Back Reproductive Rights. The ECLJ intervened in this case before the Constitutional Court, bringing arguments based on European and international law. Until 1932, abortion was banned in Poland without exceptions. (See here a previous ECLJ article presenting the background of this initiative). This Committee explains that this type of abortion is often based on misdiagnosis, and that it "assessment perpetuates notions of stereotyping disability as incompatible with a good life.". The provision under review, Article 4a para 1 (2) of the Act for Family Planning and the Protection of the Foetus (1993), had decriminalised abortion… In 2019, there were 1,100 legal abortions conducted in Poland, out of which 1,074 were because of serious health problems of the foetus. This decision is far-reaching, as no Polish law can contradict it in the future. Poland's Constitutional Tribunal bans eugenic abortion as unconstitutional. The ruling means that Polish women may have abortions only in cases of rape or … Poland’s Constitutional Tribunal Rolls Back Reproductive Rights. The ECLJ advocates in particular for the protection of religious freedoms and the dignity of the person with the European Court of Human Rights and other mechanisms afforded by the United Nations, the Council of Europe, the European Parliament, the Organization for Security and Cooperation in Europe (OSCE), and others. L’avortement pour malformation grave du fœtus, jugé illégal par le tribunal constitutionnel, concerne 98 % des IVG dans un pays qui a déjà une des législations les plus restrictives en Europe. In the resolution, the EP "strongly condemned" the ruling of the Constitutional Tribunal on abortion in Poland, believing that "this ruling endangers the health and life of women". The protests began when Poland’s constitutional tribunal ruled in October that abortions due to foetal defects are unconstitutional. At the time, PiS refused to support a draft law banning abortion in the case of foetal abnormalities, with Jaroslaw Kaczynski personally voting against the proposal. The decision by the country’s highest court means abortions will be legal only in the case of rape, incest or if the health of the mother is severely under threat – but these cases are rare. Experts fear that the new laws will see Polish women seek illegal, dangerous means of terminating pregnancy. The ECLJ has held special Consultative Status before the United Nations/ECOSOC since 2007. How Soros’ Open Society and Microsoft Invest in the Council of Europe & the United Nations, Defending Persecuted Christians in India at the UN. Protests erupt in Warsaw as the Polish Constitutional Tribunal implement strict anti-abortion laws. The ECLJ welcomes this decision, which will save the lives of many people and will hopefully contribute to making European society more welcoming to people with disabilities. Go. Protests following the decision of […] Polish women who can afford it commonly travel abroad to get an abortion. The Court also ruled that the Polish government must do more to support sick or disabled children and their families. Indeed, out of 1,110 pregnancy terminations in 2019, 1,074 were carried out on the grounds of severe and irreversible foetal defects. The Polish Constitutional Tribunal Ruled That Eugenic Abortion Was Unconstitutional Until recently, Poland was one of the countries in Europe with the best protection of the lives of children. By turning to the Constitutional Tribunal, the PiS avoids setting off a legislative fight, but the opposition, women's groups and many European organizations denounced the decision. An October 22 ruling by the Polish constitutional court to ban abortions of fetuses with congenital defects, even when the fetus has no chance of survival at birth, sparked the protests. The Polish Constitutional Tribunal’s ruling to invalidate the constitutionality of access to abortion on the ground of “severe and irreversible fetal defect or incurable illness that threatens the fetus’ life” (1) will further harm women and girls and violates their human rights, Amnesty International, the Center for Reproductive Rights and Human Rights Watch said today. On Oct. 22, Poland’s Constitutional Tribunal outlawed abortion in cases of fetal defects, the legal basis for 1,074 of the 1,110 terminations last year. PiS has ruled Poland since 2015 and has been accused of eroding democratic norms during its time in power, including by packing the constitutional tribunal with its supporters. The Constitutional Court's decision is in line with European law, which does not contain any right to abortion. The resolution also criticized the Polish ruling party, Law and Justice, for the ruling. WARSAW — Protests gathered across Poland after the Constitutional Tribunal ruled on Thursday that abortion due to fetal defects was unconstitutional, banning the most common of the few legal grounds for ending a pregnancy in the largely Catholic country. Tryglaw Well-known member. Chinese scientists now claim coronavirus originated in India in summer 2019 Confinement: How to Maintain Religious Instruction and Catechesis? Pro-choice activists from "Women Strike" attend a protest in front of Poland's Constitutional Court, in Warsaw, Poland on October22, 2020. CNA Staff, Oct 22, 2020 / 08:30 am MT ().-Poland’s constitutional court ruled Thursday that a law permitting abortion for fetal abnormalities is unconstitutional. An appeal by a hundred Polish deputies was filed in 2017 at the Tribunal, asking for the eugenics clause to be removed from the abortion law, as unconstitutional. Citing harm to the foetus and irreversible birth effects, the Tribunal held that abortions are unconstitutional in nature. Thread starter Tryglaw; Start date Oct 24, 2020; 1; 2; Next. The Polish Constitutional Tribunal Ruled That Eugenic Abortion Was Unconstitutional Until recently, Poland was one of the countries in Europe with the best protection of the lives of children. Samaksh Khanna November 10, 2020. The Polish Constitutional Tribunal has ruled that abortions in the case of a malformation of the foetus are unconstitutional, effectively outlawing legal abortion in the country. Written by Rahel Philipose , Edited by Explained Desk | Vasco | Updated: October 31, 2020 12:23:19 pm Provisions on Wrongful Birth Compensation Before the Hungarian Constitutional Court. Massive protests followed the ruling.. Poland’s Constitutional Tribunal has ruled that an existing law allowing abortion of malformed foetuses is unconstitutional, provoking an outcry from women and pro-choice activists. Prime Minister Mateusz Morawiecki appealed for people to stop protesting — on a day when Poland noted a record 21,628 COVID-19 cases. Poland has some of the strictest bodily autonomy laws in all of Europe. Hundreds of thousands of Poles have taken to the streets since an Oct. 22 Constitutional Tribunal ruling that sharply limited Poland’s already restrictive abortion laws. In that year, the new Penal Code legalised abortion only when there were medical reasons and, for the first time in Europe, when the pregnancy resulted from a criminal act. The Polish Constitutional Tribunal has ruled that abortions in the case of a malformation of the foetus are unconstitutional, effectively outlawing legal abortion in the country. The European Parliament accused Poland's nationalist government on Thursday of improperly influencing a court that imposed a near-total ban on abortion, and said that showed that the rule of law had collapsed in Poland. Poland’s Constitutional Tribunal has ruled that an existing law allowing abortion of malformed foetuses is unconstitutional, provoking an outcry from women and pro-choice activists. Abortions in the case of abnormalities or serious illnesses of the foetus represent about 98 per cent of legal abortions conducted in Poland today. Poland has one of the strictest abortion laws in Europe and the worst access to contraceptives on the continent. Hundreds of thousands of Poles have taken to the streets since an Oct. 22 Constitutional Tribunal ruling that sharply limited Poland's already restrictive abortion laws. Next Last ••• More options Who Replied? See here our written observations in English or in Polish. It has found that abortion in cases where the foetus has serious and irreversible birth defects – which make up around 98% of all legal terminations in Poland – is unconstitutional. The ECLJ engages legal, legislative, and cultural issues by implementing an effective strategy of advocacy, education, and litigation. Tryglaw Well-known member. Protests erupt in Warsaw as the Polish Constitutional Tribunal implement strict anti-abortion laws. Julia Przylebska told Sieci, a weekly news magazine, that the only thing that matters to the Tribunal is the constitution, and the legal knowledge and conscience of its judges. By Ewa Kowalewska . Just days ago, Poland’s Constitutional Tribunal removed one of the few remaining exceptions to that country’s abortion law, ruling that abortions in cases of “fetal defect or incurable illness” constitute a violation of Poland’s Constitution. The Polish Deputies’ Appeal to the Constitutional Court. Abortion on demand has already been illegal in Poland since the fall of communism, and doctors have additionally been allowed to invoke their freedom of conscience to refuse to conduct an abortion even in cases where it was legal. On October 26, the European Parliament adopted a resolution criticizing the Polish Constitutional Tribunal’s decision to ban over 95% of legal abortions in Poland. 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