<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The ruling of the Polish Constitutional Tribunal of October 22, 2020 introduced a near-complete ban on abortion in Poland, as it removed from the law the embryopathological condition that allowed abortion when the fetus had an incurable, severe disease. The ruling raises a number of questions regarding the recognition of international protection of human rights, the equal protection status of human rights, and the principle of trust in the state. The Tribunal’s ruling resulted in massive public protests in Poland, the adoption of condemnatory resolutions by the European Parliament, and the submission of a new bill by members of the parliament from the opposition groups. The purpose of the paper is to show the questionable ruling issued by the Constitutional Tribunal from the perspective of protection of human rights and the attempts of opposition MPs to change the legal order. The Tribunal’s ruling violates women’s human rights and is therefore a form of discrimination against women. Attempts by opposition MPs to “civilize” the right to abortion have proved unsuccessful. The jurisprudence of the European Court of Human Rights may establish a breakthrough, as the Tribunal has received a complaint concerning the prevention of abortion on embryopathological grounds in connection with the ruling of the Constitutional Court of October 22, 2020.</p>
</abstract>

The ruling of the Polish Constitutional Tribunal of October 22, 2020 introduced a near-complete ban on abortion in Poland, as it removed from the law the embryopathological condition that allowed abortion when the fetus had an incurable, severe disease. The ruling raises a number of questions regarding the recognition of international protection of human rights, the equal protection status of human rights, and the principle of trust in the state. The Tribunal’s ruling resulted in massive public protests in Poland, the adoption of condemnatory resolutions by the European Parliament, and the submission of a new bill by members of the parliament from the opposition groups. The purpose of the paper is to show the questionable ruling issued by the Constitutional Tribunal from the perspective of protection of human rights and the attempts of opposition MPs to change the legal order. The Tribunal’s ruling violates women’s human rights and is therefore a form of discrimination against women. Attempts by opposition MPs to “civilize” the right to abortion have proved unsuccessful. The jurisprudence of the European Court of Human Rights may establish a breakthrough, as the Tribunal has received a complaint concerning the prevention of abortion on embryopathological grounds in connection with the ruling of the Constitutional Court of October 22, 2020.

Consequences of the Constitutional Tribunal’s Ruling of October 22, 2020. On the Citizens’ Bill on Safe Termination of Pregnancy and Other Reproductive Rights

Maria Curie-Sklodowska University in Lublin

Studies in Logic, Grammar and Rhetoric

This work is licensed under the Creative Commons Attribution 4.0 International License.

The ruling of the Polish Constitutional Tribunal of October 22, 2020 introduced a near-complete ban on abortion in Poland, as it removed from the law the...

Consequences of the Constitutional Tribunal’s Ruling of October 22, 2020. On the Citizens’ Bill on Safe Termination of Pregnancy and Other Reproductive Rights

Data publikacji: 30 gru 2022

Zakres stron: 105 - 125

DOI: https://doi.org/10.2478/slgr-2022-0006

Słowa kluczowe
abortion law, reproductive rights, European Court of Human Rights, Constitutional Tribunal, Poland

© 2022 Elżbieta Kużelewska et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Consequences of the Constitutional Tribunal’s Ruling of October 22, 2020. On the Citizens’ Bill on Safe Termination of Pregnancy and Other Reproductive Rights

Data publikacji: 30 gru 2022

Zakres stron: 105 - 125

DOI: https://doi.org/10.2478/slgr-2022-0006

Słowa kluczoweabortion law, reproductive rights, European Court of Human Rights, Constitutional Tribunal, Poland

© 2022 Elżbieta Kużelewska et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Słowa kluczowe
abortion law, reproductive rights, European Court of Human Rights, Constitutional Tribunal, Poland