Poland’s Abortion Reform Stalls as Coalition Politics Clash with Campaign Promises

Aug 12, 2024
Zuzanna Stawiska, Health Policy Watch

Nearly a year after new Polish Prime Minister Donald Tusk promised a fresh start for abortion rights, following his election victory in October 2023, reform efforts have stalled as campaign promises collide with the realities of coalition politics in a divided Poland.

Poland is amongst only four countries worldwide to have restricted abortion rights in the past three decades, joining El Salvador, Nicaragua, and the United States. In 2020, Poland’s Constitutional Tribunal, stacked with judges appointed by the right-wing Law and Justice (PiS) party, further tightened the country’s already strict 1993 abortion law.

Continued: https://healthpolicy-watch.news/polands-abortion-reform-stalls-as-coalition-politics-clash-with-campaign-promises/

In Poland, I Saw What a Second Trump Term Could Do to America

by Michelle Goldberg
Photographs by Rafal Milach
Feb. 6, 2024

Adam Bodnar, Poland’s new justice minister, recently explained to me the immense challenge of rebuilding liberal democracy in his country after an eight-year slide toward authoritarianism. Imagine, he said, that Donald Trump had won the last election and been in power for two terms instead of one. “What would be the damage?” he asked.

After only four years of Trump, President Biden inherited a furiously divided nation, its courts seeded with right-wing apparatchiks and the nature of reality itself in deep dispute. But as even MAGA die-hards will acknowledge, Trump often failed to bend the state to his will, which is why his allies have a plan to do things differently next time, purging civil servants and replacing them with loyalists. Poland is a country that has just gone through something like what Trumpists hope to impose on us in a second term. Its institutions have been hollowed out. Many experienced technocrats and neutral judges have been replaced by lackeys and ideologues.

Continue: https://www.nytimes.com/2024/02/06/opinion/abortion-ban-poland-democracy.html

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

News

Donald Tusk

European Convention on Human Rights

European Court of Human Rights

Julia Landowska

Law and Justice party

Michal Romanowski

Poland Constitutional Tribunal

Germany cracks down on ‘pro-life’ protests

Protests outside abortion clinics and family planning centers are to be banned in Germany. Reproductive rights advocates have long pointed to the influence of US money and tactics on the anti-abortion movement in Europe.

Helen Whittle
Jan 24, 2024

Family Minister Lisa Paus (Green Party) announced on January 24 a draft law to prevent demonstrators from approaching or harassing visitors within a 100-meter (320 ft) radius of abortion clinics and family planning centers. Posters or flyers aimed at intimidating women will also be banned. Anyone violating the ban could be punished with a fine of up to €5,000 ($5,445).

Paus said that it was important that women were able to receive good advice in such difficult situations without being confronted with "hatred and agitation." "That's why we are striking a balance between freedom of expression and the right of assembly," Paus told German public broadcaster ZDF.

Continued: https://www.dw.com/en/germany-cracks-down-on-pro-life-protests/a-64877764

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/

Poland’s near-total ban on abortion violated pregnant woman’s rights, finds European court

DEC 14, 2023
Notes from Poland

Poland’s near-total ban on abortion violated the rights of a woman who had to travel abroad to terminate her foetus, which had been diagnosed with Down syndrome, the European Court of Human Rights has ruled.

It issued the ruling on the basis that three of the judges involved in issuing the 2020 Constitution Tribunal (TK) ruling that toughened the abortion law were appointed in an illegitimate manner by the former Law and Justice (PiS) government and President Andrzej Duda.

Continued: https://notesfrompoland.com/2023/12/14/polands-near-total-ban-on-abortion-violated-pregnant-womans-rights-finds-european-court/

14.12.2023

European Court of Human Rights

Law and Justice party

M.L. in Poland

Mateusz Morawiecki

Poland Constitutional Tribunal

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

6 Stories Show the Human Toll of Poland’s Strict Abortion Laws

By Anna Pamula | Photographs by Kasia Strek for TIME
OCTOBER 13, 2023

Krzysztof Sowinski has cried every day since his wife Marta, who was five months pregnant, died of sepsis in 2022; he believes doctors put Marta’s life in danger by not giving them the option to terminate the pregnancy while the fetus’ heart was still beating. Janusz Kucharski also lost his partner Justyna to sepsis in the fifth month of a pregnancy. She left behind two boys.

It is likely, reproductive-rights advocates say, that these women would be alive if not for Poland's increasingly restrictive abortion laws. Abortion has been illegal in the country since 1993, but a 2020 ruling by Poland’s Constitutional Tribunal, which went into effect the next year, removed one of the exceptions to the law—fetal abnormalities—and imposed a near-total ban on abortion. Now women can terminate a pregnancy only if the women’s life or health is at risk (including mental health risks with a psychiatric diagnosis) or if there is reasonable suspicion that the pregnancy resulted from rape or incest.

Continued: https://time.com/6320172/poland-abortion-laws-maternal-health-care/

13.10.2023

Commentary

abortion stories

Barbara Zientek

Bartlomiej Chmielowiec

Debski Clinic

Dorota Lalik

Dr. Gizela Jagielska

Dr. Katarzyna Szamotulska

Dr. Krzysztof Preis

European Court of Human Rights

FEDERA

Foundation for Women and Family Planning

Law and Justice party

Mother and Child Institute

Poland Constitutional Tribunal

Poland’s Office for Patients' Rights

total abortion ban

U.N. Committee Against Torture

Polish activist says she won’t stop swearing after guilty ruling

PAUL WALDIEEUROPE
Sept 23, 2023

Julia Landowska never thought of herself as a crusader for free speech until she got a $15 fine for swearing in public during a protest against Poland’s strict abortion laws.

Ms. Landowska is a 23-year-old medical student in Gdansk and rarely paid much attention to politics until October, 2020, when Poland’s Constitutional Tribunal issued a ruling that banned access to abortion in all circumstances except cases of sexual assault or incest or if the woman’s life or health were at risk. The decision prompted widespread demonstrations against the populist Law and Justice party, or PiS, which has been accused of politicizing the tribunal.

Continued: https://www.theglobeandmail.com/world/article-polish-anti-abortion-activist-says-she-wont-stop-swearing-after-guilty/

“Undress, Squat, Cough” — Police In Poland Ramp Up The Abortion Crackdown

Poland, known for having some of Europe’s most restrictive abortion laws, only allows the procedure in cases of rape or incest, or when the life of the mother is at risk. But even when abortions are performed legally, women can be met with criminal accusations from the police.

Dominika Wantuch
July 19, 2023

KRAKOW — Poland's conservative government has made restricting abortion access a guiding pillar since returning to power in 2015. Now that appears to include orders to police to detain women seeking access to terminate a pregnancy in the case of health risks, one of the few exceptions to the strict national abortion ban.

One Polish woman, identified as "Joanna" told police this week that police detained her, saying she had been pressured into having an abortion. She had purchased abortion pills on her own volition after health problems, and had decided to take them, which is not punishable in Poland.

Continued: https://worldcrunch.com/culture-society/poland-abortion-police-crackdown

19.07.2023