The Polish constitution forbids an abortion because the fetus shows abnormalities. That has been decided by the Polish Constitutional Court. That decision amounts to a general ban on premature termination of pregnancy. After all, the legal provision that the Court has set aside forms the basis for almost all legal abortions in Poland.
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Only when the pregnancy is a threat to the life or health of the mother, or when the pregnancy is the result of rape or incest, is abortion still allowed in Poland. According to the Court, the provision on abortion violates the constitutional guarantee of the legal protection of the life of every human being. Human rights organizations expressed all their displeasure. They fear that abortions will not end, but that they will now be done clandestinely, making procedures more expensive and dangerous.
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The decision is also controversial because the Constitutional Court is not an impartial body: it is widely believed to be under the influence of the conservative ruling Law and Justice (PiS) party. More than 100 MPs, mostly from PiS, had turned to the Constitutional Court with their criticism of current legislation. Of the fifteen members of the highest court, two voted against.
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Last year, well 1,100 abortions were performed in the country. In almost all cases, this was done on the basis of the provision that has now been declared unconstitutional. The current law dates from 1993 and is known as the “abortion compromise”. Those in favor of more lenient legislation have so far failed to change the law, and those in favor of more stringent legislation have not found enough support either. There was also criticism from Polish doctors. The lives and health of pregnant women are thus endangered, and doctors will thereby, against the will of the patient, prolong or impose suffering.
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