European court rules Poland violated rights of woman who traveled abroad for abortion

Nov 13, 2025
Notes on Poland

The European Court of Human Rights (ECHR) has ruled that Poland violated the rights of a pregnant woman who had to travel abroad to obtain an abortion after her foetus was diagnosed with a birth defect. It is the second time that the court has issued a judgment against Poland relating to its near-total abortion ban.

The ECHR found that the woman’s right to private and family life was violated by the legal uncertainty created by the delay between the Polish Constitutional Tribunal (TK) ruling of October 2020, which banned abortion in cases of birth defects, and its implementation by the government over three months later.

Continued: https://notesfrompoland.com/2025/11/13/european-court-rules-poland-violated-rights-of-woman-who-traveled-abroad-for-abortion/

Sexual health and reproductive rights: the EU considers its stance

21 December
by Jeanne Antoine, Translated by Tiffany Williams

While the European Convention on Human Rights obliges Member States to protect rights to sexual health, including access to comprehensive information and appropriate healthcare, the European Union itself does not have authority in this matter. This disparity creates concerning gaps in access to healthcare and sex education between Member States.

Sexual health under threat in Europe

The EU does not have exclusive authority in matters of health, allowing each state to manage this according to its own laws. As a result, sexual health in Europe faces a number of threats. A striking example is that of Poland: while in the 20th century it was a pioneer in liberalising abortion, it is now one of the most restrictive countries in this regard. Under pressure from conservative movements, in January 2021 the Polish constitutional court tightened legislation, limiting abortion to cases of rape, incest or danger to the health of the mother or foetus.

Continued: https://www.taurillon.org/sexual-health-and-reproductive-rights-the-eu-considers-its-stance?lang=fr

21.12.2024

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Catholic Church

European Convention on Human Rights

sexual health education

Europe

Health

Human Rights

Polish court throws out $16 fine for swearing at anti-abortion protest

PAUL WALDIE, EUROPE CORRESPONDENT
February 5, 2024

It has taken three years, two guilty verdicts and a lot of frayed nerves, but a Polish court has finally thrown out the $16 fine Julia Landowska received for swearing during an anti-government rally in Gdansk.

Ms. Landowska, a 23-year-old medical student, was charged by the police in 2021 after she took part in a demonstration against new restrictions on abortion. At the time, women across Poland were protesting a decision by the country’s Constitutional Court that banned access to abortion in all circumstances except cases of sexual assault, incest or if the mother’s life or health were at risk.

Continued: https://www.theglobeandmail.com/world/article-poland-abortion-protester-fine/

05.02.2024

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Donald Tusk

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Michal Romanowski

Poland Constitutional Tribunal

Poland – How to Maneuver Around Acknowledging the Right to Access Abortion

Some Thoughts on the ECtHR’s judgment in M.L. v Poland

Written by Sissy Katsoni
January 11, 2024

On 14 December 2023, the European Court of Human Rights (ECtHR, Court) issued its much-awaited judgment in M.L. v Poland, i.e. in one of the approximately 1000 applications submitted before it regarding the Polish restrictive abortion policy. The application concerned the alleged violation of the applicant’s rights under the European Convention on Human Rights (ECHR), as she had to travel abroad to a private clinic to terminate her pregnancy despite carrying a foetus that was diagnosed with Trisomy 21. This barrier was a result of the legislative amendments that were introduced by the Polish Constitutional Court’s judgment of 22 October 2020, which effectively banned access to abortion even in cases of foetal abnormalities. This blog post seeks to highlight the shortcomings of the judgment against the background of other human rights bodies’ jurisprudence, and to criticise the Court’s manoeuvring around the explicit acknowledgement and stronger protection of abortion rights under the ECHR.

Continued: https://www.ejiltalk.org/how-to-maneuver-around-acknowledging-the-right-to-access-abortion-some-thoughts-on-the-ecthrs-judgment-in-m-l-v-poland/

European Court: Polish Abortion Verdict Violated Woman’s Rights

A Polish rights group representing the patient said the ruling "is a milestone and another argument that Polish law, which causes so much suffering for women in Poland, must change."

JESSICA CORBETT
Dec 14, 2023

A court in Europe ruled Thursday that a 2020 Constitutional Tribunal judgment further restricting already limited abortion access in Poland violated a pregnant woman's right to respect for private and family life under the European Convention on Human Rights.

The applicant, a Warsaw resident identified in court papers as M.L., became pregnant in 2020. After her fetus was diagnosed with trisomy 21, or Down syndrome, she scheduled an appointment for an abortion at a Polish hospital. However, the Constitutional Tribunal determined that abortions because of fetal abnormalities are unconstitutional, a policy that took effect in January 2021.

Continued: https://www.commondreams.org/news/poland-abortion

Malta – Abortion change that preserved the status quo

In stark contrast, the Diluted Amendment limits the scope of who may access the necessary treatment, since it requires that the life or health of the patient must be ‘in grave jeopardy which may lead to death’

Neil Muscat
14 October 2023

In the past months, Malta has witnessed the diluted version of Bill 28 (the ‘Diluted Amendment’) (Act XXII of 2023) signed into law by the President.

Prime Minister Robert Abela had touted the former Criminal Code amendment (the ‘Original Amendment’) as a way to protect women's lives and health, saying these principles were ‘non-negotiable'.

Continued: https://www.maltatoday.com.mt/comment/blogs/125229/abortion_change_that_preserved_the_status_quo__neil_muscat

Northern Ireland to introduce abortion safe access zones by September

Anti-abortion protests will be banned outside abortion clinics in Northern Ireland by September 2023, the Department of Health has said.

5 JUL 2023

The Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023 was one of the last pieces of legislation approved by MLAs shortly before the Northern Ireland Assembly dissolved at the end of March 2022.

Its enactment was delayed after the bill was referred to the UK Supreme Court by the Attorney General for Northern Ireland amid concerns that it represented a disproportionate interference with the rights of protesters under the European Convention on Human Rights (ECHR).

Continued: https://www.irishlegal.com/articles/northern-ireland-to-introduce-abortion-safe-access-zones-by-september

05.07.2023

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Abortion Services (Safe Access Zones) (Northern Ireland) Bill

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European Convention on Human Rights

European rights court rejects first case by Polish women claiming to be victims of abortion law

JUN 8, 2023
Notes from Poland

The European Court of Human Rights has rejected a complaint by eight Polish women who claimed to be victims of their country’s recently introduced near-total ban on abortion. Around 1,000 such cases have been submitted to the ECHR, and this is the first time it has ruled on one.

“The court found that the applicants had failed to provide any convincing medical evidence proving that they had been at real risk of being directly affected by [the abortion law],” said the ECHR in a statement announcing today’s decision.

Continued: https://notesfrompoland.com/2023/06/08/european-rights-court-rejects-first-case-by-polish-women-claiming-to-be-victims-of-abortion-law/

Serbian women face femicide, abortion ban

By Aleksandra Vrbica | EURACTIV.rs
May 14, 2023

Serbian women face a range of issues, including the narrative of an abortion ban which is gaining momentum and 18 femicides so far in 2023, the latest occurring after the victim acquired a restraining order against the perpetrator.

During 2022, the number of femicides (26) increased compared to 2021 (21) and the latest incident in Novi Sad shows that measures designed to protect women, such as protection orders, are not effective.

Continued: https://www.euractiv.com/section/politics/news/serbian-women-face-femicide-abortion-ban/

N. Ireland – Supreme Court says bill to ban anti-abortion protests at clinics is lawful

Dec 7, 2022
By Jayne McCormack, BBC News NI political correspondent

A bill to ban anti-abortion protests at Northern Ireland health clinics does not "disproportionately interfere" with protesters' rights, the Supreme Court has ruled.

Former assembly member Clare Bailey developed the bill to set up so-called safe access zones outside clinics where abortions are carried out.

It was voted through the assembly in March by a majority of parties. It was delayed from becoming law after the attorney general intervened.

Continued: https://www.bbc.com/news/uk-northern-ireland-63886414