Abortion in Poland
Encyclopedia
Abortion in Poland
is banned except in the following three circumstances.
Unlike in other countries where abortion is banned, women in Poland are not subject to a penalty for illegal termination of pregnancy. Consent of a physician is required for the circumstances (1) and (3) above, while abortions in view of circumstance (2) above must be certified by prosecutor. Parental consent is always required if the woman seeking abortion is a minor
.
In addition, persuading a woman to carry out illegal termination of her pregnancy is a criminal act in the same way as illegal abortion is.
occupation during the Second World War
, this law was in effect from 1932 to 1956. In 1956 the Sejm
legalized abortion in cases where the woman was experiencing "difficult living conditions". The interpretation of the change in the law varied from a restrictive interpretation in the late 1950s to one in where abortion was allowed on request in the 1960s and 1970s.
After the fall of Communism
, abortion debate
erupted in Poland. Roman Catholic and Lutheran Churches, and right-wing politicians pressured the government to ban abortion except in cases where abortion was the only way to save the life of the pregnant woman. Left-wing politicians and most liberals were opposed to this, and pressured the government to maintain the above mentioned 1956 legislation. The abortion law in Poland today ("Law on family planning, protection of the human fetus and conditions for legal abortion") was enacted in January 1993 as a compromise between both camps.
In 1997, parliament enacted a modification to the abortion bill which permitted the termination of pregnancy in cases of emotional or social distress, but this law was deemed unconstitutional by the Polish Constitutional Court. In December of that year the legal status of abortion in Poland was restored to that in 1993.
(PiS) and the creation of Prawica Rzeczypospolitej, led by Marek Jurek
. These same circles of society named the abortion debate a substitute topic (pol. temat zastępczy).
In June 2011, Polish pro-life NGOs collected over 600,000 signatures for a proposed bill to ban abortion in Poland altogether. The bill, while rejected by a majority of the MPs, got enough support to be send to a Sejm commitee in order to be subject to further amendments. The move was criticized by two right-wing opposition parties, the Law and Justice and Poland Comes First
, which expressed their support for the bill. The left-wing Democratic Left Alliance
pursues a pro-abortion-on-demand policy and was therefore skeptical of the bill. The rulling Civic Platform
, while considering itself liberal, was divided in the views on the matter; more than 60 MPs of the party voted in favour of the bill.
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
is banned except in the following three circumstances.
- When the woman's life or health is endangered by the continuation of pregnancy,
- When the pregnancy is a result of a criminal act, or
- When the fetus is seriously malformed
Unlike in other countries where abortion is banned, women in Poland are not subject to a penalty for illegal termination of pregnancy. Consent of a physician is required for the circumstances (1) and (3) above, while abortions in view of circumstance (2) above must be certified by prosecutor. Parental consent is always required if the woman seeking abortion is a minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
.
In addition, persuading a woman to carry out illegal termination of her pregnancy is a criminal act in the same way as illegal abortion is.
History
Until 1932, abortion was banned in Poland without exceptions. In that year a new Penal Code legalized abortion strictly when there were medical reasons and, for the first time in Europe, when the pregnancy resulted from a criminal act. Except during the GermanGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
occupation during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, this law was in effect from 1932 to 1956. In 1956 the Sejm
Sejm
The Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm ....
legalized abortion in cases where the woman was experiencing "difficult living conditions". The interpretation of the change in the law varied from a restrictive interpretation in the late 1950s to one in where abortion was allowed on request in the 1960s and 1970s.
After the fall of Communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
, abortion debate
Abortion debate
The abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
erupted in Poland. Roman Catholic and Lutheran Churches, and right-wing politicians pressured the government to ban abortion except in cases where abortion was the only way to save the life of the pregnant woman. Left-wing politicians and most liberals were opposed to this, and pressured the government to maintain the above mentioned 1956 legislation. The abortion law in Poland today ("Law on family planning, protection of the human fetus and conditions for legal abortion") was enacted in January 1993 as a compromise between both camps.
In 1997, parliament enacted a modification to the abortion bill which permitted the termination of pregnancy in cases of emotional or social distress, but this law was deemed unconstitutional by the Polish Constitutional Court. In December of that year the legal status of abortion in Poland was restored to that in 1993.
Abortion in Polish politics
Abortion law is one of the most important and controversial topics in current Polish politics, with leftist parties strongly pro-abortion rights, moderate parties defending current legislation, and right-wing parties predominantly pro-life. The question of an anti-abortion constitutional amendment was one of the reasons for the split in the Law and JusticeLaw and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....
(PiS) and the creation of Prawica Rzeczypospolitej, led by Marek Jurek
Marek Jurek
Marek Jurek is a Polish right-wing politician, who does not have a parliamentary seat. Since 20 April 2007 he has been the leader of the aspirant party Right of the Republic, which does not have any MPs....
. These same circles of society named the abortion debate a substitute topic (pol. temat zastępczy).
In June 2011, Polish pro-life NGOs collected over 600,000 signatures for a proposed bill to ban abortion in Poland altogether. The bill, while rejected by a majority of the MPs, got enough support to be send to a Sejm commitee in order to be subject to further amendments. The move was criticized by two right-wing opposition parties, the Law and Justice and Poland Comes First
Poland Comes First
Poland Comes First , also rendered as Poland is the Most Important, and abbreviated to PJN, is a centre-right, conservative liberal, political party in Poland. It was formed as a breakaway group from Law and Justice...
, which expressed their support for the bill. The left-wing Democratic Left Alliance
Democratic Left Alliance
Democratic Left Alliance is a social-democratic political party in Poland. Formed in 1991 as a coalition of centre-left parties, it was formally established as a single party on 15 April 1999. It is currently the third largest opposition party in Poland....
pursues a pro-abortion-on-demand policy and was therefore skeptical of the bill. The rulling Civic Platform
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...
, while considering itself liberal, was divided in the views on the matter; more than 60 MPs of the party voted in favour of the bill.