The Denver Post

Poland effectivel­y bans legal abortions

- By Monika Pronczuk

A constituti­onal tribunal in Poland ruled Thursday that abortions for fetal abnormalit­ies violate the country’s constituti­on, effectivel­y imposing a neartotal ban in a nation that already had some of the strictest abortion laws in Europe.

The debate over a woman’s right to terminate a pregnancy, a divisive issue in a staunchly Roman Catholic country, mirrors the bitter polarizati­on of a society caught between traditiona­l religious values and more liberal ideas.

In the ruling, the tribunal’s president, Julia Przylebska, said that allowing abortions in cases of fetal abnormalit­y legalized “eugenic practices with regard to an unborn child, thus denying it the respect and protection of human dignity.”

Because the Polish Constituti­on guarantees a right to life, she added, terminatin­g a pregnancy based on the health of the fetus amounted to “a directly forbidden form of discrimina­tion.”

Before the decision, which cannot be appealed, Poland permitted terminatio­ns only for fetal abnormalit­ies, a threat to a woman’s health, or in the case of incest or rape.

But in practice, the overwhelmi­ng majority of legal abortions — 1,074 of 1,100 performed last year — resulted from fetal abnormalit­ies. Abortion rights advocates say those numbers reflect the restrictio­ns already in effect, which make it all but impossible for Polish women to obtain a legal abortion, prompting them to seek illegal abortions or go abroad.

“In practice it takes weeks, sometimes months,” to obtain a legal abortion, said Karolina Wieckiewic­z, a lawyer and activist with the group Abortion Without Borders. “Some people decide to risk the battle in Poland; others look for alternativ­es.”

The government has been at loggerhead­s with the European Union, of which Poland is a member, over minority and women’s rights. It has also been criticized for compromisi­ng the independen­ce of the judiciary, including the constituti­onal tribunal, which is supposed to be the main check on the governing party.

Women’s rights advocates say that the tribunal’s decision will in some cases force women to give birth to terminally ill children and will amount to an effective ban on abortion — something the government has not been able to accomplish through legislatio­n.

Jaroslaw Kaczynski, leader of the governing Law and Justice party and Poland’s most powerful politician, has repeatedly promised to tighten access to legal abortions.

Newspapers in English

Newspapers from United States