Council of Europe Committee of Ministers Urges Poland to Guarantee Effective Access to Lawful Abortion Care – Statement

March 12, 2026
Center for Reproductive Rights

GENEVA—This week, the Committee of Ministers of the Council of Europe adopted a decision urging Poland to ensure effective access to lawful abortion without further delay. The Committee expressed continued concern that Poland has yet to fully comply with the European Court of Human Rights’ judgments in the cases of Tysiąc v. Poland, R.R. v. Poland, P. and S. v. Poland, and M.L. v. Poland, which require the authorities to ensure that access to lawful abortion is accessible in practice.

More than 18 years after the first of these landmark judgments became final, systemic barriers remain. Poland’s highly restrictive abortion law and the criminalisation of abortion continue to have a chilling effect on the provision of lawful abortion care. Combined with regulatory gaps, ineffective complaint procedures, frequent refusals of care based on the “conscience clause,” and the stigma surrounding abortion, these barriers leave many women who are legally entitled to abortion unable to access these services in practice. The situation deteriorated further following the regressive Constitutional Tribunal’s ruling in 2020, which effectively imposed a near-total ban on abortion.

Continued: https://reproductiverights.org/news/coe-committee-of-ministers-poland-access-abortion-care/


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/


Organizations Join Council of Europe’s Urgent Call for Poland to Ensure Access to Lawful Abortion Care and Services

March 16, 2021
Center for Reproductive Rights

On 11 March 2021, the Committee of Ministers of the Council of Europe issued a resolution calling on Poland to adopt, without further delay, long overdue clear and effective procedures for women’s access to lawful abortion care and information.

The resolution expresses serious concerns about Poland’s longstanding failure to comply with the European Court of Human Rights’ judgments in the cases of Tysiąc v. Poland, R.R. v. Poland and P. and S. v. Poland. In these judgments, the Court found a number of human rights violations, citing the multiple obstacles and deplorable treatment that the applicants faced in seeking access to lawful abortion care in Poland. The judgments became final in 2007, 2011, and 2013, respectively. Ample time has passed since the first of these landmark judgments, and yet Poland has repeatedly failed to take effective measures to meet these judgments.

Continued: http://reproductiverights.org/press-room/organizations-join-council-europes-urgent-call-poland-ensure-access-lawful-abortion-care