What has just happened?
Poland’s government has delayed the court ruling that would ban most abortions. After it triggered the largest protests since the fall of communism in the country[i].
What does this mean?
The Polish government is taking advantage of the pandemic to further contravene on women’s fundamental reproductive rights[ii]. On October 22nd the new Polish Constitutional Tribunal decided to ban abortion even in cases of foetal defect[iii], which makes up around 98% of the approximate 1,000 legal terminations in Poland[iv].
Rights groups claim that tens of thousands of women go abroad to Germany or the Czech Republic for abortions every year[v]. This is not surprising due to the strict regulations around abortion, coupled with doctors being allowed to refuse to terminate pregnancies by citing the clause of conscience.[vi] Tightening the regulations would likely lead to an increase in illegal and potentially dangerous abortions.
Despite the pandemic and a ban in Poland of more than 5 people gathering, protesters have congregated in force. With over 100,000 people assembling in the streets of Warsaw on Friday to protest against the abortion law[vii]. There was a similar turn out in 2016 when an estimated 100,000 people successfully took to the street to block an attempt to tighten the abortion law[viii].
How does this affect the legal sector?
The Polish Constitutional Tribunal is closely linked to the governing party[ix], PiS, with the majority of the court’s judges having been nominated by them.[x] An infringement procedure was launched by the European Commision against Poland.[xi] In their September 2020 rule of law report, it noted,” concerns over the independence and legitimacy of the Constitutional Tribunal”.[xii]
The EU has a duty to respect and protect women’s sexual and reproductive health and rights under international and European human rights laws and standards[xiii]. The European Court of Human Rights has issued judgments that denying access to abortion in a timely manner is a violation of women’s rights[xiv]. This contradicts the need for harsher reforms in Polish abortion law.
By Article 7 of the Treaty of the European Union certain rights of a member state can be suspended for persistent breaches of the EU’s founding values, including dignity and human rights.[xv] The circumstances in Poland raises the question as to whether a vote should be triggered on this article.
Written by Isabella Hunter
Assessing firms:
#LeighDay #Allen&Overy #Slater&Gordan #IrwinMitchell #KingselNapley #BindmansLPP
References:
[i] Shaun Walker, ‘Poland delays abortion ban as nationwide protests continue’ (The Guardian, 3 Nov 2020) < https://www.theguardian.com/world/2020/nov/03/poland-stalls-abortion-ban-amid-nationwide-protests> accessed on 21 November 2020
[ii] Katrin Hermann, ‘The Undoing of Bodily Autonomy: Abortion Laws in Poland’, (The Governance Post, Nov 2020) < https://www.hertie-school.org/the-governance-post/2020/11/the-undoing-of-bodily-autonomy-abortion-laws-in-poland/> accessed on 21 November 2020
[iii] Agnieszka Pikulicka-Wilczewska, ’Poland’s mass protests for abortion rights: ‘this is war’’, (Aljazeera, 6 Nov 2020)< https://www.aljazeera.com/author/agnieszka_pikulicka_wilczewska_171026132829552> accessed on 21 November 2020
[iv] Adam Easton, ’Poland abortion: Top court bans almost all terminations’, (BBC News, 23 Oct 2020) < https://www.bbc.co.uk/news/world-europe-54642108> accessed 21 November 2020
[v] Adam Easton, ’Poland abortion: Top court bans almost all terminations’, (BBC News, 23 Oct 2020) < https://www.bbc.co.uk/news/world-europe-54642108> accessed 21 November 2020
[vi]Agnieszka Pikulicka-Wilczewska, ’Poland’s mass protests for abortion rights: ‘this is war’’, (Aljazeera, 6 Nov 2020) < https://www.aljazeera.com/author/agnieszka_pikulicka_wilczewska_171026132829552> accessed on 21 November 2020
[vii] Shaun Walker, ‘Poland delays abortion ban as nationwide protests continue’ (The Guardian, 3 Nov 2020) < https://www.theguardian.com/world/2020/nov/03/poland-stalls-abortion-ban-amid-nationwide-protests> accessed on 21 November 2020
[viii] Adam Easton, ’Poland abortion: Top court bans almost all terminations’, (BBC News, 23 Oct 2020) < https://www.bbc.co.uk/news/world-europe-54642108> accessed 21 November 2020
[ix] Katrin Hermann, ‘The Undoing of Bodily Autonomy: Abortion Laws in Poland’, (The Governance Post, Nov 2020) < https://www.hertie-school.org/the-governance-post/2020/11/the-undoing-of-bodily-autonomy-abortion-laws-in-poland/> accessed on 21 November 2020
[x] Adam Easton, ’Poland abortion: Top court bans almost all terminations’, (BBC News, 23 Oct 2020) < https://www.bbc.co.uk/news/world-europe-54642108> accessed 21 November 2020
[xi] Katrin Hermann, ‘The Undoing of Bodily Autonomy: Abortion Laws in Poland’, (The Governance Post, Nov 2020) < https://www.hertie-school.org/the-governance-post/2020/11/the-undoing-of-bodily-autonomy-abortion-laws-in-poland/> accessed on 21 November 2020
[xii] ’Poland’s Constitutional Tribunal Rolls Back Reproductive Rights’ (Amnesty International, 22 October 2020) < https://www.amnesty.org/en/latest/news/2020/10/polands-constitutional-tribunal-rolls-back-reproductive-rights/> accessed on 21 November 2020
[xiii] Katrin Hermann, ‘The Undoing of Bodily Autonomy: Abortion Laws in Poland’, (The Governance Post, Nov 2020) < https://www.hertie-school.org/the-governance-post/2020/11/the-undoing-of-bodily-autonomy-abortion-laws-in-poland/> accessed on 21 November 2020
[xiv] Katrin Hermann, ‘The Undoing of Bodily Autonomy: Abortion Laws in Poland’, (The Governance Post, Nov 2020) < https://www.hertie-school.org/the-governance-post/2020/11/the-undoing-of-bodily-autonomy-abortion-laws-in-poland/> accessed on 21 November 2020
[xv] Sian Norris, ’Polish Women are Fighting Back Against Anti-Abortion Laws But They Need Europe’s Support’ (Byline Times, 16 Nov 2020) < https://bylinetimes.com/2020/11/16/polish-women-are-fighting-back-against-anti-abortion-laws-but-they-need-europes-support/> accessed on 21 November 2020
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.