Abortion law is quite a sensitive topic. It’s the early end of a pregnancy, with the baby or embryo being taken out of the uterus. Now, this can spark a ton of debates, right? Some people find it downright wrong and illegal. The Catholic Church, for instance, says a big no-no to abortion. However, on the flip side, there are women in Poland who think the abortion law is way too strict. They feel that it sometimes even endangers women’s lives. So, if you’re curious, how does this law actually work in Poland?
The law has been a bit of a roller-coaster ride over the years. It has been eased up at times, while tightened up at others. Until recently, Poland had been following the rules laid out by the Act of 7 January 1993, which covered family planning, human fetus protection, and conditions for abortion. But then in 2020, the Constitutional Tribunal made some changes.
Before 1932, Poland had a very strict rule – no abortions allowed, whatsoever. But later, they added a few exceptions to the rule. According to the Act I mentioned earlier (specifically Article 4a.1), an abortion could only be done by a doctor under the following conditions:
- If the pregnancy could harm the woman’s life or health.
The Evolution of the Abortion Law in Poland
Here’s where things took a turn. On October 22, 2020, the Constitutional Tribunal issued a judgment that tightened up the abortion law in Poland. One of the exceptions to when abortion was legally allowed was taken off the list. That means, under the new Polish law, if the baby has serious defects, you can’t have a legal abortion.
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Now, when is abortion allowed under Polish law? It’s possible and legal until the baby can survive on its own outside the woman’s body. So, if you’re counting, that’s if no more than 12 weeks have passed since the start of the pregnancy.
- You may also like: Why is Poland’s Fertility Rate Lower Than Its Neighbors?
What’s at Stake for Abortion in Poland?
Now, let’s talk about the risks tied to abortion in Poland. The law here is pretty clear. If someone:
- Performs an abortion,
- Helps with an abortion,
- Forces a pregnant woman to have an abortion,
they’re looking at jail time. However, it’s worth noting that the woman herself isn’t held accountable if she choses to end her pregnancy.
Could You Go to Jail for Abortion in Poland?
So what could happen if you have an illegal abortion? Well, the Penal Code has the answer. According to Article 152, if someone helps end a woman’s pregnancy against the law, and with her consent, they could end up in jail for up to 3 years.
And if the baby is past the 12th week, the person who performs the abortion could be looking at 6 months to 8 years of jail time.
Comparing Poland’s Abortion Law with Europe
Let’s put things into perspective. When compared to other European countries or even globally, Poland has some of the strictest abortion laws. In countries like Greece, Norway, Slovakia, Sweden, and Great Britain, for instance, abortion is allowed under certain conditions. Women can opt for an abortion up to a certain week of pregnancy without providing a reason.
In some parts of Europe, the law even allows abortions in case the pregnant woman is facing tough financial and social circumstances. But then there are countries like Malta and the Vatican where abortion isn’t allowed at all.
Delving Deeper into the Specific Cases
Now, a doctor has to confirm if the pregnancy is putting the woman’s health at risk. There isn’t a set list of risks that would justify an abortion. But, the doctor providing the decision must be a specialist relevant to the woman’s health condition. And that decision should be put down in writing.
It’s important to remember that the right to health isn’t just about physical well-being. It can include mental health issues too, like causing depresion or leading to attempts at suicide. In such cases, abortion may be considered. And, there’s no time limit to this right. The woman should be fully informed about the possible risks and should receive accurate information about her health.
The Abortion and Penal Code of Poland
The Penal Code of Poland outlines the punishments for terminating a pregnancy without adherence to the law. Let me say, it’s important to understand these clauses to get a grip on the severity of the issue.
Article 152 states that if a pregnancy is terminated with the woman’s consent, against the rules set by the law, the person responsible can be imprisoned for up to 3 years. Similarly, if anyone aids a pregnant woman in doing so or encourages her to have an abortion, the same punishment applies. The sentence escalates to imprisonment of 6 months to 8 years if the abortion happens when the fetus has achieved the capability of living independently outside the mother’s body.
Seeking Consent – A Crucial Part of the Process
In order for an abortion to occur, the written consent of the woman is necessary. If the woman is a minor or completely incapacitated, consent from her legal representative is required. If the minor is over the age of 13, her own written consent is also needed. For minors under the age of 13, approval from the guardianship court is necessary. It’s worth mentioning that the minor has the right to express her own opinion.
Seeking Confirmation and Consultation
To ensure that the right circumstances exist for an abortion (like a threat to the woman’s life or health), a doctor separate from the one conducting the abortion needs to confirm this. In cases of suspected prohibited acts leading to pregnancy, the prosecutor’s statement is needed.
In a scenario where the pregnancy termination might occur due to reasons not covered in the mentioned conditions, the woman must submit a written statement and a certificate of consultation from a primary care doctor who isn’t involved in the termination process. She can also consult with another authorized person of her choice. The termination can proceed if the woman maintains her intention to end the pregnancy after three days of consultation.
Remember, the consultation isn’t just a formality. It serves to understand the health and life situation of the woman, help her address her problems, inform her about the available forms of assistance during and after pregnancy, educate her about the medical aspects of pregnancy and termination, and discuss contraceptives and methods. If the woman agrees, her partner, family members, or other close people can be part of the consultation.
Lastly, I can tell you that the Ministry of Health and Social Welfare, in consultation with the Supreme Medical Council, regulates the qualifications of doctors allowed to terminate pregnancies. The Ministry also governs the qualifications of persons authorized to conduct the necessary consultations, the creation of lists of consulting persons, and the manner and mode of conducting these consultations.
I know, this was quite a lot to take in, but it’s crucial to understand these rules if you want to navigate the complex landscape of abortion laws in Poland.
References:
- https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/kodeks-karny-16798683/art-152
- https://cowzdrowiu.pl/aktualnosci/post/projekt-zaostrzajacy-prawo-aborcyjne-odrzucony
- https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/planowanie-rodziny-ochrona-plodu-ludzkiego-i-warunki-16795126/art-4-a
