Rights experts reveal the impact of Poland’s restrictive abortion law on women
These restrictive laws have forced many women to carry unwanted pregnancies to term, travel abroad for legal abortions, or seek unsafe private abortion procedures, according to information from the United Nations human rights office (OHCHR).
Report from the United Nations Committee on the Elimination of Discrimination against Women (CEDAW Convention) published on Monday, found that most abortions in Poland are performed illegally and in unsafe conditions because assisting women to have abortions is illegal, with very few legal exceptions, and services are often inaccessible.
CEDAW members appointed by the United Nations Human Rights Council in Geneva.
Vice President of the Commission Genoveva Tisheva said: “The situation in Poland constitutes gender-based violence against women and may rise to the level of torture or cruel, inhuman or degrading treatment.“ .
Restricted rights
Two years ago, Ms Tisheva went to Poland to conduct an undercover investigation into women’s rights violations following allegations from civil society organisations.
The CEDAW Committee found that Poland’s “already restrictive legal framework” had a number of “serious operational flaws”, including a reluctance by doctors to perform abortions for fear of criminal liability or for moral or religious reasons, making it difficult for women to access safe abortion services.
The Committee highlighted the significant challenges women face in accessing abortion services, particularly where the pregnancy is the result of criminal activity, due to “complex and victim-unfriendly bureaucratic processes”. These challenges are exacerbated by powerful anti-abortion lobbies, threats and stigmatisation of those providing support.
“Together, these factors create a complex, hostile and cold environment in which access to safe abortion is stigmatized and practically impossible,” said Ms. Tisheva.
Conclusion and recommendations
The CEDAW Committee concluded that Poland’s restrictive abortion laws endanger women’s health and lives and cause mental and physical suffering, which constitutes a gender-based violence against women.
These restrictions may also be considered “torture or cruel, inhuman or degrading treatment.”
“Women’s mental anguish is exacerbated by being forced to carry a fetus that is not likely to survive to full term, a situation that has worsened since the 2020 Constitutional Court ruling banning abortion even in cases of fatal fetal anomalies,” said Vice President Tisheva.
The ruling is said to have made abortion illegal, except in cases where the pregnant woman’s life is in danger or in cases of sexual assault.
Some of CEDAW’s recommendations for Poland include recognizing abortion as a fundamental human right and adopting a human rights-based approach to sexual and reproductive health in general — in particular through legal reforms “towards the full decriminalization and legalization of abortion,” according to a press release issued by the UN human rights office OHCHR.
