Poland has been the topic of interest in recent times regarding the implementation of stricter abortion law in October 2020. Due to the recent death of a 30-year-old Polish woman following a septic shock related to the doctors’ refusal to undertake necessary measures, the tensions revolving around human rights and women’s lives have risen.
The abortion law in Poland preceding the new legislation established that abortion is legal under one (or more) out of three conditions – pregnancy threatens the life of the carrier; prenatal testing or other rationale suggest a high chance of fetal impairment or if the pregnancy is the result of a prohibited act – rape or incest. On the 22nd of October 2020, the Polish Constitutional Court challenged the compliance with the Polish constitution. The ruling stated that performing abortions for malformed fetuses is not constitutional, which in turn limited the access to legal abortion in Poland – about 96% of which are performed under this condition.
Said ruling contributed to unrest in Poland, with country-wide series of protests taking place at the end of October and beginning of November. On October 30th, a group of 100.000 people gathered in Warsaw to demonstrate the dissatisfaction with the new legislation. The new abortion law caught the attention of foreign players as well, with the UN publicly denouncing the abortion ban. In Europe, The European Parliament discussed the topic, with MEP Joachim Kuhs from AfD taking a different stance and supporting the introduction of the new abortion law in Poland. In his view, the new legislation defended the Polish and Catholic tradition and values.
In the year following the introduction of new abortion law in Poland, the statistics showcasing the number of performed abortions have not changed exponentially in comparison to the previous years. In 2020, the number of abortions accounted to 1076, according to the Polish Health Ministry. To put this number in perspective, abortions performed in years 2015-2019 varied anywhere between 1040 and 1100. The statistics for 2020 are the last gathered under the previous legislation’s standards, with the number of legal abortions in 2020 according to the new legislation accounting to 23. In the nine months following the implementation of the new abortion law in January 2021, 300 Polish women benefited from the access to legal abortion under new rules, whereas other women sought help elsewhere. Abortions without borders granted access to 34000 abortions that could not be performed legally under the current conditions.
The unrest has risen again following the death of a 30-year-old Izabela. The doctors’ decision not to undertake necessary measures whilst awaiting the fetus to die, lead to a septic shock and resulted in the death of both the patient and the fetus. The news sparked another nation-wide series of protests and brought the abortion ban into the spotlight once more. The European Parliament has put this topic on the agenda, with condemnation of the abortion ban. Equality Commissioner, Helena Dalli, called upon all Member States of the EU to “ensure the respect of their obligations in line with international human rights law”. Further, she emphasized that strong women’s rights are an asset for the whole European Union and that the EU stands in solidarity with the resilient women of Poland.
The Polish activist connected to the Pro-Life foundation “Pro-Prawo do Życia”, Paweł Adamiak, advocates for an alternative approach towards the new legislation. He condemns the country-wide series of protests and disagrees with the protesters’ positions. In his view, the slogans used during the rallies are not representative of the truth. “Right to perform abortion is the negation of the right to life. It is the murder of the unborn, defenseless children. If they could speak, they would protest as well, but against their killing”.
With the unrest in Poland, new data is collected to examine the public’s position on abortion. The studies of Center for Public Opinion Research (CBOS) states that as of 2013, 27% of participants viewed abortion as appropriate, while 65% believed otherwise. Further, 75% of respondents believe that abortion is “always wrong and unjustified”. In 2020, following the discussion on the new legislation, a poll showed that 62% of respondents indicated that abortion should be legal under certain conditions, 22% believed it should be legal up until the 12th week of pregnancy and 11% stated that abortion should be illegal.
The abortion law in Poland remains the topic of hectic debates. The International players condemn the new legislation and highlight that such practice present another example of politicization of the judiciary systems in Poland and the effect on the rule of law. On the contrary, pro-life activists and the Church in Poland present a different stance and call for preservation of traditions and the right to life. With more than 1000 applications recently filed to the European Court of Human Rights by the Polish women, concerning denial to abortion and postponing reproductive decision due to fear, engagement from policymakers is expected and a swift consensus is to be reached to avoid future disrupt regarding the topic.
Reference list:
European Parliament. (2021, November 11). Poland: no more women should die because of the restrictive law on abortion. Available at:
Kapelańska-Pręgowska, J. (2021, December). The Scales of the European Court of Human Rights: Abortion Restriction in Poland, the European Consensus, and the State’s Margin of Appreciation. Health and Human Rights Journal. Available at:
Raport Ministerstwa Zdrowia: 1076 aborcji w Polsce w 2020 r. W tym legalne byłyby 23. (2021, July 20). Rzeczpospolita. Available at:
Poland ‘slammed the door shut’ on legal and safe abortions: Human rights experts. (2020, October 27). UN News. Available at:
https://news.un.org/en/story/2020/10/1076332
Pro-choice supporters hold biggest-ever protest against Polish government. (2020, October 30). The Guardian. Available at:
DO RZECZY: AfD unterstützt Polen im Streit um Abtreibung. (2021, February 10). Radio Poland. Available at: https://www.polskieradio.pl/400/7986/Artykul/2676949,DO-RZECZY-AfD-unterstützt-Polen-im-Streit-um-Abtreibung
BS/111/2013 – Wartości I Normy. (2013, August). CBOS. Available at:
https://cbos.pl/SPISKOM.POL/2013/K_111_13.PDF
Sondaż: orzeczenie Trybunału Konstytucyjnego w sprawie aborcji popiera 13 procent pytanych. (2020, October 28). TVN24. Available at:
https://tvn24.pl/polska/aborcja-sondaz-kantar-czy-aborcja-powinna-byc-w-polsce-legalna-4734145
Aborcja to prawo do zabijania, nie do życia. Gazeta Polska. Available at:
https://gpcodziennie.pl/69472-aborcjatoprawodozabijanianiedozycia.html
By The European Institute for International Law and International Relations.
