Abortion is almost completely illegal in Poland. The rule that prohibits it even in case of malformation of the fetus, entered into force in Poland. The rule is the result of a ruling by the Constitutional Court last October. The entry into force has been postponed until now due to protests and also criticism from the European Union. The Strasbourg parliament spoke of a rule that puts women’s health and lives at risk.
Students, feminist movements, LGBT rights organizations and a large part of civil society took to the streets today as in October.
There was no notice from the government of the publication of the rule in the Official Gazette and this reignited the protest. “I think, I feel, I decide”, “Freedom of choice and not terror” say the signs in the street. The Stajk Kobiet feminist movement has also announced protests for the next few days.
In the note of the reasons, necessary for the entry into force of the law, the Court explained that the parliament can intervene with changes: the most serious cases of malformation can be excluded, but only if there is a high probability of irreversible damage or lethal to the fetus. This is the fundamental point because the sentence of the Constitutional Court had come in response to an appeal of a hundred parliamentarians who argued that termination of pregnancy due to fetal malformations violated the principles of the Constitution, which protects the life of each individual.
This ruling changed one of the laws on termination of pregnancy already among the most restrictive in Europe. Abortion was allowed only in case of fetal malformations, pregnancies caused by rape or incest and life threatening for the woman. The last two cases remain, but they are the least frequent: in 2019 over 95% of the 1100 legal abortions in Poland were caused by fetal malformations.
According to the Polish radio TokFM, the hospitals had already begun to ban their doctors from performing abortions for malformations of the fetus. Even before the law it represents came into force a further limitation of women’s freedom, led more and more towards the path of illegal abortion.
In the European Union the state where the ban is strongest is Malta. On the island, abortion is never allowed. Those who resort to abortion risk from 18 months to three years in prison and the doctor can lose their license for life and risk 4 years in prison. TO Cipro abortion is allowed only in case the woman is in danger of life or in case of rape. Only in the event of a woman’s health risk in Liechtenstein, San Marino and Andorra.
Help lines for women have reported increasing difficulties in accessing termination of pregnancy across Europe over the past year. In Italy According to a research by Human Rights Watch in July 2020, women’s health was put at risk due to the limited access to facilities during the period of Covid. As Umbria had already done, going against the guidelines of the Ministry of Health, also the Marches are rejecting the use of the Ru486 pill for pharmacological abortion in the clinic, which allows the termination of pregnancy without hospitalization.

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