Poland’s Debate On Late-Term Abortion Heats Up

A controversial late-term abortion at 37 weeks in Poland has ignited a fierce debate about maternal health and ethics, challenging the nation’s stringent abortion laws.

Quick Takes

Poland’s court ruled in 2020 that abortions due to fetal impairment are unconstitutional.
The 2022 ruling removed exceptions for prenatal diagnoses.
Anita’s abortion at 37 weeks was justified by her medical team due to health risks.
An investigation is underway regarding the 37-week abortion.

Tightening of Poland’s Abortion Laws

Poland’s Constitutional Tribunal, on October 22, 2020, ruled that abortion due to fetal impairment was unconstitutional. This decision reflects a broader shift in Poland’s judiciary since 2015, which has reduced the weight of international human rights in Polish law.

The ruling significantly narrows the “jurisprudential horizon” of the nation’s legal practice, thereby influencing Poland’s commitment to international human rights standards.

While global abortion laws vary, Poland’s restrictions remain some of the most stringent, limiting the circumstances under which an abortion may be carried out. Poland removed a key exception for abortions based on prenatal diagnosis in 2022, allowing only for the mother’s vital health, life risks, or certain cases of incest or rape.

Anita’s 37-Week Abortion and Its Justifications

Anita underwent an abortion at 37 weeks of pregnancy after her unborn child was diagnosed with osteogenesis imperfecta. Her medical team justified the procedure, citing serious risks to her health, despite the lack of immediate complications.

Some media suggest the decision was taken to spare the unborn child from pain. Anita herself said the decision was driven by the desire to prevent her child from suffering from a debilitating condition. The abortion was performed by Dr. Gizela Jagielska using potassium chloride to induce fetal cardiac arrest.

Polarized National Debate and Broader Implications

The abortion decision has sparked widespread debate in Poland, quickly becoming a flashpoint in the broader discussion around maternal health and ethics. Many argue the abortion was essential for Anita’s well-being, while others believe a natural delivery could have saved both mother and child.

This controversy highlights ongoing tensions surrounding Poland’s abortion laws, not least due to cultural and ethical considerations. Advocates argue for the protection of maternal and fetal health, while critics emphasize a broader moral standard as outlined in the UN Human Rights Committee’s statement that “the right to life is the supreme right from which no derogation is permitted.”

An investigation into Anita’s case is underway, further fueling public discourse over Poland’s reproductive laws.