At the end of last June, about a hundred Polish deputies from various political groups filed a suit before the Constitutional Court asking it to adjudicate over the law that authorises abortion in the case of a serious disability or incurable disease that threatens the foetus’ life. The Constitutional tribunal will have to say whether the text is compatible with the article 30 of the Constitution concerning the inherent and inalienable dignity of the human person, to the article 32 which deals with the right to equal treatment by public authorities, as well as the article 38 which guarantees the judicial protection of all human beings.
Their request is also based on a decision of the Constitutional Court, which, in 1997, ruled that the social prejudice which justifies abortion because of the life conditions of a difficult personal situation was contrary to the constitution because it “legalises abortion without sufficient justification of the necessity to protect the other values of constitutional rights and freedoms and uses criteria unspecified by law, thus violating the constitutional guarantees for human life”.
The 50 signatures needed to file the request were largely achieved: it was indeed supported by nearly 100 deputies.
Deputy Anna Sobeck, signatory, indicated that these abortions mostly concerned “children with Down Syndrome who are healthy children and are a source of joy for their parents. Every life conceived must thus be protected”, the deputy said, “and this eugenic condition must be taken out from the law.” (cf. Pologne : nouveau projet de loi pour inciter des femmes à garder leur enfant).
In Poland, since 1993, abortion is only authorised in three cases: pregnancy as a result of an illegal act, risk for the pregnant woman’s life or health, serious malformation of the foetus (in other words a disabled human being).