Poland's Abortion Law: Understanding The Strict Restrictions

Poland's abortion law is one of the most restrictive in Europe. Abortion is illegal in the country except when the pregnancy is the result of a criminal act or when the woman's life or health is in danger. In 2020, a near-total ban on abortion was enforced, with the Constitutional Tribunal removing the grounds of severe and irreversible fetal defect or incurable illness that threatens the fetus' life. This ruling has had devastating consequences for the lives and health of many people in Poland, with women and doctors being targeted for alleged abortion-related activities. Despite the law, many women in Poland still terminate pregnancies at home, with pills mailed from abroad.

Abortion in Poland: when is it legal?

Abortion in Poland is illegal except in cases where the pregnancy is a result of a criminal act or when the woman's life or health is in danger.

History of abortion laws in Poland

Poland is one of the few countries in the world where abortion became largely outlawed since the 1990s after decades of permissive liberalized legislation during the communist-era Polish People's Republic.

In 1956, the Sejm legalised abortion in cases where the woman was experiencing "difficult living conditions". In 1993, the law was tightened, removing "difficult living conditions" as grounds for abortions.

Current abortion laws in Poland

As of 27 January 2021, abortion is legal only in the following cases:

• When the woman's life or health is endangered by the continuation of pregnancy.
• When the pregnancy is a result of a criminal act.

Unlike in other countries where abortion is banned, women in Poland are not subject to a penalty for illegal termination of pregnancy; the medical personnel ordering and carrying out the abortion are subject to criminal penalties including imprisonment. Consent of a physician is required if the woman's life or health is endangered, while abortions in cases of pregnancy resulting from a criminal act must be certified by a prosecutor. Parental consent is always required if the woman seeking an abortion is a minor.

Recent developments

In 2024, Polish lawmakers approved four amendments to Poland's abortion laws in a first reading in parliament. Amnesty International's Miko Czerwiński, Head of Campaigns, Amnesty International Poland, said:

> "By approving these four amendments, Poland's parliament has taken a significant step towards ending Poland's cruel and draconian restrictions on access to abortion, which have had a devastating impact on the lives and health of so many people."

However, in July 2024, a bill sponsored by the Donald Tusk government to allow abortion on request during the first trimester was rejected by the Polish lower house in a 218-215 vote.

The impact of Catholic influence on abortion laws

Poland's abortion laws are heavily influenced by the Catholic Church. The country is one of the few in the world where abortion has been largely outlawed since the 1990s, after decades of liberalised legislation during the communist-era Polish People's Republic.

The Catholic Church, including the highly influential Pope John Paul II, supported a complete ban on abortion after the end of Communist rule in 1989. Since then, Poland's abortion laws have become increasingly restrictive. The country now has one of the most restrictive abortion laws in Europe, along with other traditionally Catholic countries such as Malta, Liechtenstein, the Vatican, Monaco, and Andorra.

The Catholic Church's influence on Poland's abortion laws can be seen in the specific provisions of the legislation. The 1993 abortion law, for example, was heavily influenced by the Catholic Church and was further restricted following a 2020 constitutional court ruling that prevented abortion in cases of fetal abnormalities. This ruling was made by the Constitutional Tribunal, which is widely acknowledged as politically compromised and under the control of the ruling Law and Justice Party (PiS). The ruling eliminated one of the only remaining legal grounds for abortion in Poland, effectively banning almost all access to abortion.

The impact of Catholic influence on Poland's abortion laws is also evident in the actions of conservative politicians, who hold key political positions and have the power to block changes to the legislation. For example, President Andrzej Duda, who has veto power over legislation, vetoed a law in 2024 that would have allowed over-the-counter access to the morning-after pill for girls and women aged 15 and above. Additionally, the parliament speaker, Szymon Hołownia, who once considered becoming a Dominican friar, has been accused by abortion rights advocates of violating the will of voters by keeping the issue of abortion law reform off the agenda for months.

The Catholic Church's influence on Poland's abortion laws has had significant consequences for women's access to reproductive healthcare. Women with high-risk pregnancies have died after doctors prioritised keeping fetuses alive, and women with pregnancies resulting from rape face significant stigma and practical barriers to accessing abortion. As a result, no woman has legally terminated a pregnancy resulting from rape in Poland in the past decade. Many women in Poland now terminate their pregnancies at home with pills mailed from abroad, and those who seek medical care for miscarriages or legal medication abortions are increasingly targeted by the government and subjected to invasive searches and interrogations.

The consequences of Poland's abortion laws

Poland's abortion laws are among the most restrictive in Europe. Abortion is illegal except in cases where the pregnancy is the result of a criminal act or when the pregnant woman's life or health is in danger. The country's abortion laws have been the subject of much debate and controversy in recent years, with lawmakers, activists, and the public expressing a wide range of opinions and engaging in frequent protests. The consequences of these laws are significant and far-reaching, impacting the lives and health of Polish citizens in various ways.

One of the main consequences of Poland's abortion laws is the limited access to safe and legal abortions. The restrictive legislation has led to a situation where many women seek abortions outside of the country or resort to unsafe methods, such as self-administered medication abortions or terminating pregnancies at home with pills mailed from abroad. This can put women's health and lives at risk, as evidenced by the deaths of several women who did not receive terminations despite complications that posed a danger to their health. The laws also create a climate of fear and uncertainty, with women and girls facing intense scrutiny and invasive investigations when seeking urgent medical care, even in cases of miscarriage or legal abortions.

The laws have also had a significant impact on healthcare providers. Doctors and other medical professionals often refuse to perform even lawful abortions due to fear of prosecution and the "chilling effect" of the law. There have been reports of doctors being fired or facing other repercussions for speaking out against the abortion laws or performing abortions in permissible cases. This has created a situation where healthcare providers are hesitant to provide abortions, even when they are legal, further limiting access for women.

Additionally, the abortion laws have had a significant impact on women's rights and autonomy in Poland. Women seeking abortions or experiencing pregnancy complications have faced criminal investigations, invasive searches, and interrogations. Their privacy and dignity have been violated, and they have been subjected to degrading treatment that interferes with their right to health. The laws have also contributed to a climate of fear, where women may be hesitant to seek the medical care they need due to the potential for prosecution or negative repercussions.

Overall, the consequences of Poland's abortion laws are far-reaching and impact the lives and well-being of its citizens in numerous ways. The limited access to safe and legal abortions, the criminalisation of abortion-related activities, and the invasion of privacy and dignity for women and girls seeking reproductive healthcare are some of the most significant outcomes of these restrictive laws. The consequences highlight the complex ethical, legal, and social issues surrounding abortion and continue to shape the ongoing debate around abortion legislation in Poland.

Abortion law amendments

Poland's abortion laws are among the most restrictive in the European Union (EU) and Europe. Abortion is illegal except in cases where the pregnancy is a result of a criminal act or when the woman's life or health is in danger.

In April 2024, Polish lawmakers approved four amendments to the abortion laws in a first reading in parliament. Amnesty International's Miko Czerwiński, Head of Campaigns, Amnesty International Poland, said:

> "By approving these four amendments, Poland's parliament has taken a significant step towards ending Poland's cruel and draconian restrictions on access to abortion, which have had a devastating impact on the lives and health of so many people."

The four amendments are detailed below:

First Amendment

The first amendment would decriminalize abortion, ensuring that people who need abortion services, as well as abortion providers, activists, and advocates, are not threatened with criminal consequences for accessing, assisting someone to access, or delivering abortion services.

Second Amendment

The second amendment would bring the abortion law into compliance with international human rights standards. This would include recognizing abortion as essential to safeguarding the rights to life, health, privacy, equality, non-discrimination, and freedom from cruel, inhuman, or degrading treatment.

Third Amendment

The third amendment would address the "chilling effect" of the current law, which has led to healthcare providers refusing to perform even lawful abortions. This amendment would ensure that healthcare providers can offer abortions without fear of prosecution when a pregnant woman's health or life is at risk or if the pregnancy results from a crime.

Fourth Amendment

The fourth amendment would emphasize Poland's international and European human rights obligations, as well as the World Health Organization's abortion care guidelines. This amendment would highlight the need to respect and protect sexual and reproductive health and rights, including access to safe and legal abortion.

Public opinion on abortion laws

A 2014 poll by the CBOS Public Opinion Research Center found that 65% of Poles viewed abortion as immoral and unacceptable, while only 27% viewed it as acceptable. Similarly, in a 2013 CBOS poll, 75% of respondents believed that abortion was "always wrong and could never be justified", while only 7% thought there was "nothing wrong" with it.

However, other surveys indicate that a significant portion of the population supports abortion rights in certain circumstances. A 2019 poll found that 58% of respondents believed that "women in Poland should have the right to abortion on demand up to the 12th week of pregnancy." Another poll from 2022 showed that 35.7% of respondents wanted to liberalize the abortion law to allow abortions on demand up to the 12th week of pregnancy.

The divide in public opinion is reflected in the country's politics, with the right-wing Law and Justice Party (PiS) supporting restrictions on abortion, while other parties, such as Civic Platform and The Left, favour more liberal policies.

The restrictive abortion laws in Poland have been criticised by human rights experts and organisations, who argue that they violate women's rights and contribute to preventable deaths. The UN Committee on the Elimination of Discrimination against Women (CEDAW) found that the restrictive legal framework, combined with challenges in accessing safe abortion services, created a "hostile and chilling environment" for women seeking abortions.

In contrast, anti-abortion activists and lobbying groups in Poland regularly protest against abortion and exert influence on policymakers. The influence of these groups, along with the Catholic Church, has contributed to the increasingly restrictive abortion laws in the country since the fall of Communism.

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