Polish court justifies ruling that makes abortion almost absolutely illegal in the country

pregnant law insider in

Tanvi Sinha

Poland’s court justifies it’s ruling against abortion for a foetal abnormality that it declared on October 22nd, a feast day of the Polish pope St. John Paul II who led the pro-life movement in Poland and around the world. 

The court rationalised its stance by stating that “In the opinion of the Tribunal, an unborn child is, as a human being — a person who enjoys innate and inalienable dignity, a subject who has the right to life; and the legal system must, according to Article 38 of the Constitution, must guarantee due to protection for this central good, without which this subjectivity would be deleted.”

The law came into effect on January 27th when the ruling was published in the country’s journal of laws.

The constitutional tribunal that passed the ruling had stated that the abortion law, that was pro-choice, was incompatible with Poland’s constitution. 

Post this news, a wave of demonstration exists across Poland, with protestors rallying against the Law and Justice Party and the catholic church.

The current ruling now states that in conditions of the mother’s life and health not being endangered there is no justification for abortion, and the child then, must have full legal protection. 

Earlier abortion was allowed in Poland in cases of rape, incest or foetal abnormality, which lead to 1000 cases of legal abortions in Poland each year, where most were conducted due to the child having a severe and irreversible disability or life threatening incurable disease.

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