Poland: abortion prohibited in cases of severe fetal malformation

The right to abortion increasingly in danger in Poland. The Constitutional Court gave a very controversial green light to a new tightening of the law on the subject (already one of the most restrictive in the European Union) by outlawing abortion in the event of a serious malformation of the fetus, Thursday, October 22 .

Court President Julia Przylebska said existing legislation allowing abortion of malformed fetuses was “incompatible” with the country’s Constitution.

In line with the wishes of the ruling ultra-Catholic nationalist party, Droit et justice, the decision of the highest Polish court makes that abortion is now only allowed in cases of danger to death for the pregnant woman, and pregnancy resulting from rape or incest.

This judgment is a priori final, even if it is already contested by the liberal opposition and women’s rights organizations in this country considered to be deeply rooted in the Catholic tradition.

This decision provoked an immediate critical reaction from the Council of Europe Commissioner for Human Rights, Dunja Mijatovic. “Eliminating the grounds for almost all legal abortions in Poland is almost the same as banning them and violating human rights”, considered the commissioner in a press release. This decision “translates into clandestine abortions or [pratiqu├ęs] abroad for those who can afford it, and in more suffering for others “, she insisted.

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