Near-Total Abortion Ban Implemented in Poland
Last October, the highest constitutional court in Poland made a ruling that declared abortions due to fetal defects as unconstitutional. The ruling reversed the 1993 law that allowed abortions in “cases of severe and irreversible fetal abnormalities.”
This new law eliminated one of the few legal abortion grounds left in the country. Now, it states that terminations can only take place in cases of rape, incest, or when the mother’s life is in danger. This ruling took effect in late January, riling abortion rights activists in the country and worldwide.
Poland is a deeply Roman Catholic country with a conservative government and their court is aligned with the Roman Catholic Church. Both bodies argue that this new ruling was implemented to prevent the number of terminations of fetuses with Down Syndrome which made up 98% of legal abortions in Poland in 2019.
Following the October ruling, protests broke out despite the ban on public gatherings due to COVID-19. What started as a protest against the new rule, turned into a gathering against the nationalist Law and Justice (PiS) government, their close ties to the church, and their traditionalist policies.
Protesters held signs that said: “My body, my choice,” “The revolution has a uterus” and “You have blood on your hands.” Some also wore green handkerchiefs around their necks to pay homage to activists in Argentina where abortion was legalized in December 2020.
Protests took place in October and November and then calmed down a bit. However, after the law went into effect in January, the protests started back up.
On Feb. 9, European Parliament (EU) lawmakers argued against Poland’s near-total abortion ban citing that it is a violation of women’s rights. However, a small percentage of the lawmakers argued that this ban is in defense of Christian values and human life.
Dutch MEP Samir’s Rafaela, a member of the liberal “Renew Europe” group said the ban is “a lack of respect for women’s bodies” and called the PiS an “anti-feminist and highly conservative party.”
On the other end of the spectrum, Joachim Kuhn, a member of Germany’s far right group “Alternative for Germany” sided with Poland. Kuhn said that Poland is “protecting the right to the family and the right to life.” He continued by saying, “the country is fighting for some of the oldest values that make up our European identity.”
Although many members of the EU are against the ban, Commissioner Helena Dalli told ABC News that the EU has no legal control over how member states regulate abortion. They still plan to put pressure on the Polish government by restricting them from certain privileges on the Council.
Article 7 can suspend a country’s voting rights on the Council of the EU. If implemented, the EU could strip Poland’s voting privilege until they reverse the October ruling. However, this is unlikely as they need a unanimous vote from the remaining countries on the Council for this to go into effect.
Until then, protesters continue to take to the streets, both in Poland and neighboring countries, despite the danger of COVID-19. During the January protests, 14 people were detained for violating the public gathering rule that was put in place to limit the spread of the Coronavirus. Some were also detained for entering the grounds of the Constitutional Tribunal in Warsaw.
