Commissioner for Human Rights

Legislative changes and clarification of the prerequisites for legal abortion are necessary


Commissioner for Human Rights Marcin Wiącek renews his call to the Marshal of the Sejm Elżbieta Witek for legislative changes and clarification of the prerequisites for legal abortion following the judgment of the Constitutional Court on October 22 2020( ref. K1/20).

In 2020 the Constitutional Tribunal ruled against legal abortion when there is a risk of serious birth defects or death of a foetus. The justification for the ruling implies that it should be implemented in such a way that abortion would be possible in cases in which we cannot expect an abnormal sacrifice that would cause mental or physical pain to the mother. To this end, “measurable criteria” should be introduced.
According to the Commissioner, the current legislation is not precise enough in terms of defining conditions necessary for legal abortion. The CHR emphasizes that the Sejm should regulate abortion in cases when foetus suffers from a lethal defect. The Commissioner notes that not having the possibility of abortion in such cases may constitute as inhuman treatment of women. Commissioner Marcin Wiącek asked Marshal Witek whether the Sejm plans to undertake legislative works aimed at implementing the Tribunal’s ruling. The CHR also asks for taking his statement on the matter under consideration during the legislative works.