Polish Court publishes reasons for ban on eugenic abortions

1st February 2021

Poland’s constitutional court has published the rationale for its declaration that abortion for fetal abnormalities – a form of eugenics –  is unconstitutional. This gives effect to a judgement it made three months ago which caused large pro-abortion protests in the country, including the invasion of churches.

The 154-page ruling said: “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 protection for this central good, without which this subjectivity would be deleted.”

Pro-abortion protesters directed their anger at the ruling Law and Justice party (PiS), but also at the Catholic Church, which welcomed the decision.

The ruling, which cannot be appealed, could lead to a significant reduction in the number of abortions in the country.

Until now, Polish law permitted abortion only in cases of rape or incest, a risk to the mother’s life, or fetal abnormality.

Approximately 1,000 legal abortions take place in Poland each year. The majority are carried out in cases where the unborn child has a severe and irreversible disability or a life-threatening incurable disease. An unknown number take place on Polish women outside the country.