A woman was compelled to go abroad for a pregnancy termination because of legal ambiguity stemming from a previous judgment.
The leading European human rights tribunal has determined that Poland infringed upon the private life of a woman who sought an abortion overseas, as she was uncertain about its legality within Poland.
This particular case was initiated by a woman residing in Krakow, southern Poland, who was in her 15th week of pregnancy when a significant genetic disorder was detected in her fetus. She had intended to legally end the pregnancy in Poland but was informed this was no longer possible following a Polish Constitutional Court decision outlawing abortions due to fetal abnormalities; nevertheless, the precise details of this new legislation were not officially released for several months.
This lack of timely publication generated extensive uncertainty regarding the ruling’s implementation. Consequently, the woman was obliged to travel to the Netherlands to secure a legal abortion.
“During that period, it was ambiguous whether the limitations had already become effective or if an abortion could still be carried out legally,” stated the European Court of Human Rights in its Thursday judgment. The court mandated that Poland compensate the woman with 1,495 euros ($1,700) for financial losses and an additional 15,000 euros ($17,400) for other forms of damage.
The panel of judges furthermore raised concerns about the configuration of Poland’s Constitutional Court, a body that has faced extensive scrutiny. Both the European Commission and various opposition factions have asserted that the court’s composition was shaped by the governing Law and Justice (PiS) party.
Prior to the 2020 verdict, Polish abortion legislation permitted the termination of pregnancies in instances of rape, incest, danger to the woman’s life or well-being, or severe fetal abnormalities. This recent ruling eliminated the final justification, which had previously constituted the majority of legal abortions performed in Poland. It also ignited substantial demonstrations nationwide, with numerous women’s rights organizations deeming it among the most detrimental decisions in many decades.
The judgment from the Strasbourg-headquartered court does not invalidate the Polish law; instead, it mandates that the nation respects the rights stipulated by the Convention. Furthermore, it may instigate alterations in the future execution of similar legal decisions.