A European court has ruled that Poland’s handling of abortion laws interfered with a woman’s private life, leading to her traveling abroad for the procedure. The woman, from Krakow, was 15 weeks pregnant when she discovered her fetus had a serious genetic disorder. Although she initially planned to terminate the pregnancy in Poland, a ruling by the country’s Constitutional Court banning abortion for fetal abnormalities created confusion. The specifics of the new law were not officially published for several months, leaving many unsure if the ruling had taken effect.
As a result, the woman traveled to the Netherlands to obtain a legal abortion. The European Court of Human Rights stated that the delay in publishing the specifics of the new law created widespread confusion, affecting the woman’s ability to make an informed decision. The court ordered Poland to pay the woman 1,495 euros for pecuniary damage and 15,000 euros in other damages.
The judges also raised concerns about the composition of Poland’s Constitutional Court, which has been criticized for being influenced by the ruling Law and Justice party. Prior to the 2020 decision, Poland’s abortion law allowed for terminations in cases of rape, incest, threat to the woman’s life or health, or serious fetal abnormalities. The ruling removed the last of these grounds, accounting for most legal abortions in the country, and triggered large protests across Poland.
The European Court of Human Rights’ ruling does not overturn the Polish law but requires the country to uphold the rights guaranteed by the Convention. This decision may lead to changes in how such rulings are implemented in the future. The case highlights the need for clarity and consistency in the application of laws, particularly those affecting individuals’ private lives and reproductive rights.
The ruling is significant, as it emphasizes the importance of protecting human rights and ensuring that individuals have access to necessary medical procedures. The European Court of Human Rights’ decision may have implications for other countries with similar laws and restrictions on abortion. As the situation continues to unfold, it is likely that women’s rights groups and organizations will closely monitor the developments and advocate for greater clarity and protection of reproductive rights.