Poland ‘slammed the door shut’ on legal and safe abortions: Human rights experts

In a statement on Tuesday, the rights experts also called on the Polish authorities to safeguard the rights of men and women protesting against the ruling.

Across the country, thousands have taken to the streets in protest of last Thursday's ruling by the country’s Constitutional Court.

According to the experts, with the court verdict, Poland has “effectively slammed the door shut” on legal abortion for women in the country. It is estimated that currently 98 per cent of all legal abortions in the country are performed on the grounds of severe and irreversible impairment of the foetus.

“Poland has decided to sacrifice women’s human right to safe and legal health services for termination of pregnancy on account of protection of the right to life of the unborn in violation of its international human rights obligations,” they said.

‘Devastating consequences’ for women and girls

The ruling will have “devastating consequences for women and adolescent girls” in need of such terminations, especially those who are socio-economically disadvantaged and migrant women in irregular situations who do not have the means to go abroad for abortion services, they said.

Before the ruling, Poland had already one of Europe’s most restrictive abortion laws, made even more restrictive in practice with serious barriers and stigma, according to the rights experts. Termination of pregnancy was permitted in three circumstances only: risk to the life or health of the pregnant woman; severe and irreversible impairment of the foetus; or pregnancy as a result of a prohibited act.

Decision ‘clearly against’ human rights standards

The experts highlighted that international human rights mechanisms have clearly recognized women’s right to abortion in cases of fatal foetal impairment and that States have to provide for termination of pregnancy in such cases as the lack of access constitutes, inter alia, a violation of the right to be free from inhuman treatment.

As a State Party to the International Covenant on Civil and Political Rights (since 1977) and the Convention on the Elimination of All Forms of Discrimination against Women (since 1980), Poland has legal obligation to uphold these international human rights standards, stressed the experts. 

It cannot be justified by invoking the protection of the right to life, as the right to life and all other human rights under international human rights law are accorded to those who have been born — Human rights experts

International human rights mechanisms recognize women’s right to access safe and legal abortion as necessary for the protection of women's dignity and equality and implicit in the right to equality, right to private life, right to be free from inhuman treatment and the right to the highest attainable standards, they said, adding that the decision of the Constitution Court “clearly goes against these standards.”

“It cannot be justified by invoking the protection of the right to life, as the right to life and all other human rights under international human rights law are accorded to those who have been born,” the experts said.

“Those who believe that personhood commences at the time of conception have the freedom to act in accordance with their beliefs but not to impose their beliefs on others through the legal system.”

‘Politicization’ leads to discrimination

The rights experts also pointed out that the “instrumentalization” and “politicization” of women’s bodies and health leads to discrimination against them, particularly in relation to their right to access health services and the resulting preventable ill health, including maternal mortality and morbidity.

The experts voicing their concern included the Special Rapporteurs on violence against women; the right to physical and mental health; and cultural rights, as well as the members of the Working Group on discrimination against women and girls.

The Special Rapporteurs, Independent Experts, and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. The experts work on a voluntary basis; they are not UN staff and do not receive a salary. They are independent from any government or organization and serve in their individual capacity.