At their plenary session in Strasbourg on Wednesday 23 October, MEPs discussed access to abortion in Poland, in the light of the recommendations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (https://aeur.eu/f/e0x ).
Last August, the Committee made 22 recommendations to Poland following the controversial ruling of the Polish Constitutional Tribunal in 2020 (see EUROPE 12588/9), which bans abortion in cases of foetal malformations, “which is tantamount to an almost total ban”, according to the European Commissioner for Equality, Helena Dalli, who pointed out that “most abortions in Poland were carried out for this reason”.
During the debate, she pointed out that although Member States are responsible for legislating on health and access to abortion, they must do so in compliance with their commitments under international law. She stressed that the situation in Poland violates the rights guaranteed by the European Convention on Human Rights. “The European Court of Human Rights has recognised on several occasions that lack of access to abortion may constitute a violation of the right to family and private life”, she said, adding that Article 35 of the EU Charter of Fundamental Rights guarantees all citizens the right of access to healthcare, including reproductive healthcare.
During the discussions, Polish MEP Joanna Scheuring-Wielgus (S&D) reinforced this position, describing the situation in her country as a “violation of human rights”. She stressed that the Constitutional Tribunal’s decision had seriously undermined women’s rights in Poland and insisted on the urgent need for legislative change, as did Abir Al-Sahlani (Renew Europe, Swedish) and Alice Kuhnke (Greens/EFA, Swedish).
Ewa Kopacz (EPP, Polish) said that “laws restricting or criminalising abortion do not make abortion disappear, but make it invisible, driving it underground or abroad”.
Condemning the situation in Poland, Manon Aubry (The Left, French), also pointed the finger at other Member States such as Hungary, Italy and Malta.
In contrast, Marlena Maląg (ECR, Polish) and Anna Bryłka (PfE, Polish) defended their country’s legislation, with Ms Bryłka saying that Poland “protects the lives of all its citizens, including those who are not yet born”. She also criticised MEPs who defend abortion for wanting to impose laws that run counter to Christian values.
Commissioner Dalli pointed out that the Polish government had “recently taken measures to alleviate the situation pending legislative reform”. On 12 April of this year, four bills were passed to legalise abortion. The regulations stipulate that the recommendation of a specialist doctor is required.
Ms Dalli believes that “this option is not accessible to women of low socio-economic status or marginalised women” which could force “thousands” of women “to travel abroad to obtain health services”.
The Polish directives were adopted the day after the European Parliament voted on a resolution calling, for the second time, for the right to abortion to be incorporated into the EU Charter of Fundamental Rights (see EUROPE 13389/15). (Original version in French by Nithya Paquiry)