Religion & Law

Poland's Top Court Invalidates Law Permitting Abortion In Cases of Fetal Defects

By Howard M. Friedman

Amnesty International and AP report that yesterday Poland's Constitutional Court has held unconstitutional the provision in Poland's Act on Family Planning, Human Embryo Protection, and Conditions of Legal Pregnancy Termination that permits abortion in cases of  "severe and irreversible fetal defect or incurable illness that threatens the fetus? life." In an 11-2 decision, Poland's top court further narrowed Poland's strict abortion law. According to AP:

The ruling came in response to a motion from right-wing lawmakers who argued that terminating a pregnancy due to fetal defects ? the most common reason cited for legal abortions in Poland ? violates a constitutional provision that calls for protecting the life of every individual.

The challenged law was introduced in 1993 as a hard-won compromise that also allows abortions when a pregnancy endangers a woman?s health or life, or results from rape or other illegal act. Even before Thursday?s ruling, many Polish women have sought abortions abroad.

In justifying its decision, the court said there can be no protection of the dignity of an individual without the protection of life. The verdict was announced by the court?s president, Julia Przylebska, a loyalist of the right-wing government.

[Thanks to Scott Mange for the lead.]

Full post as published by Religion Clause on October 23, 2020 (boomark / email).