CEDAW on Monday released a report concluding its investigation into Poland’s abortion laws. The probe began in 2021 following a landmark 2020 ruling by the Polish Constitutional Tribunal (TK).
The court, composed mainly of judges appointed by the then-ruling socially conservative Law and Justice (PiS) party, imposed a near-total ban on abortion, allowing it only in cases of rape, incest, or when the pregnancy endangers a woman's life or health.
The UN report said: “Women in Poland are facing severe human rights violations due to restrictive abortion laws, with many forced to carry unwanted pregnancies to term, seek unsafe clandestine procedures, or travel abroad for legal abortions.”
CEDAW Vice-Chair Genoveva Tisheva added: “The situation in Poland constitutes gender-based violence against women and may rise to the level of torture or cruel, inhuman, or degrading treatment.”
The committee also found that access to abortion is often obstructed by doctors’ moral and religious objections.
Although the Polish parliament has rejected attempts to liberalize abortion laws, the coalition government that came to power late last year intends to undo the changes made by its PiS predecessors.
Divisive issue
Prime Minister Donald Tusk was asked on Friday about the issue of abortion, specifically regarding July’s parliamentary vote, in which most MPs voted against a partial decriminalization of abortion.
“For legal abortion, in the full sense of the word, there will be no majority in the parliament this term,” Tusk said. He added he would not propose a referendum on the issue due to opposition from women’s groups.
The coalition government headed by Tusk comprises parties ranging from the left to the center-right.
Public opinion
Though public support for allowing terminations has generally increased, Poles are broadly not in favor of making abortions unconditional. The majority wants a return to the 1993 abortion “compromise,”, which allowed the procedure under three specific circumstances.
These were: when a pregnancy endangered the life or health of the woman; when a pregnancy resulted from rape or incest; and when prenatal tests or other medical evidence indicated that a fetus had severe, irreversible damage or a life-threatening condition.
A CBOS survey, conducted in February and published by the Rzeczpospolita daily, found that two-thirds of adult Poles believe that abortion should be permitted by law when the mother's life is at risk.
Where the pregnancy is the result of rape or incest, 62% said they were “definitely” in favor of abortions, and 25% were in favor on the whole.
Support for “eugenic” abortion was weaker—39% “definitely” in favor, and 29% in favor on the whole.
The poll showed that respondents were less keen on allowing abortion in other circumstances.
