The Polish government has decided to delay its plan to publish and implement a controversial high court ruling that would outlaw almost all abortion after it prompted the most intense nationwide protests since the fall of communism in 1989.
The decision by the country’s Constitutional Tribunal on October 22 seeks to further tighten Poland’s already highly restrictive abortion laws by disallowing the termination of fetal abnormalities. It has not been published in the Journal of Laws yet; therefore, it has no legal power as of now, but when it does, abortion will only be permitted if the pregnancy threatens the mother’s health or is the result of crime like rape or incest. Since these cases only make up 2% of the legally terminated pregnancies in the conservative nation, the ruling has virtually put an end to all forms of voluntary abortion, which is being perceived as a significant blow to women’s sexual and reproductive health rights in the land.
However, massive protests with hundreds of thousands of participants over the last two weeks despite a resurgence in COVID-19 cases in the country have forced the government to delay the implementation of the ban. “There is a discussion going on, and it would be good to take some time for dialogue and for finding a new position in this situation, which is difficult and stirs high emotions,” Michał Dworczyk, the head of the prime minister’s office, told Polish media on Tuesday.
PM Mateusz Morawiecki has called for talks with protesters and opposition leaders, while President Andrzej Duda has suggested a new proposal that would allow abortion in cases of life-threatening birth defects but not for conditions such as Down’s syndrome, in order to soften the blow of the decision and to win back some of his popularity, which has been consistently shrinking due to his administration’s attempts to control to the judicial system and restrict LGBT rights. However, women’s rights groups are critical of both the PM’s invitation and the President’s proposal, and are planning more protests this week despite a ban on public gatherings of more than five people due to the pandemic. Protest leaders have insisted that the ruling must be withdrawn.
Though the Polish government has infinitely delayed its publishing, experts have said that this postponement could violate constitutional law, which mandates that constitutional court rulings be published “without delay”. However, the administration could still move forward with the publishing at a later date, as it has done before.
Poland Delays Near-Total Abortion Ban Amid Widespread Protests
The ruling has prompted the most intense nationwide protests since the fall of communism in 1989.
November 5, 2020
SOURCE: RTE