GRSJ224/AbortionInPoland

Introduction

Abortion has been a hotly contested subject in Poland for the last century. Historically, the Roman Catholic Church has significantly influenced the country in terms of social, economical, and political life, as the majority of the population identifies as Roman Catholic. Though there have been periods of time where abortion was considered legal in Poland, current legislation reflects a much more conservative and religiously influenced approach to the abortion debate. As of 1993,The Act on Family Planning, Protection of the Human Fetus, and Conditions for the Lawful Termination of Pregnancy has made all forms of abortion illegal except in cases of unlawful intercourse, if there is a risk to the mother's health, and if a fetus develops an incurable deformity or illness. This anti-abortion policy is considered to be one of the most restrictive abortion laws in Europe . Although pro-choice movements have gained traction in Polish society, the right-leaning government is continually to considering to further restrict the already stringent abortion laws currently in place. All of this leaving Polish women in need of abortions in a position to either accept unwanted pregnancy, undergo illegal and unsafe abortions, or to seek medical care in countries with more liberal abortion laws.

Religious Influence

The Roman Catholic Church in Poland

Pope John Paul II, born Karol Józef Wojtyła, in St Peters Square circa 1978. He is particularly revered by the Polish population, as he was known as the first Polish individual to be elected as leader of the Roman Catholic Church.

According to the International Religious Freedom Report conducted by the United States Bureau of Democracy, Human Rights, and Labour in 2005, with an estimated population of over 39 million, roughly 96% of Poland's citizens identified their religious affiliation as Roman Catholic . With such a high percentage of the population identifying as Roman Catholic, Poland could be considered one of the most religious countries in Europe. With such a powerful influence over a majority of the population, the moral codes established by the Roman Catholic Church are often deeply integrated into cultural, social, and even political practices in Poland.

Concerning the subject of abortion, the Roman Catholic Church is known for its stance as being against all forms of fetal termination, as it is considered to be a sinful and immoral act. The official declaration issued by the Vatican, the headquarters of the Roman Catholic Church, states that is that "human life must be respected and protected absolutely from the moment of conception" and that every human being has a "right to life and physical integrity from the moment of conception until death" .

Pope John Paul II, the Pope of the Roman Catholic Church at the time, stated:

"I declare that direct abortion, that is, abortion willed as an end or as a means, always constitutes a grave moral disorder, since it is the deliberate killing of an innocent human being. This doctrine is based upon the natural law and upon the written Word of God, is transmitted by the Church's Tradition and taught by the ordinary and universal Magisterium. No circumstance, no purpose, no law whatsoever can ever make licit an act which is intrinsically illicit, since it is contrary to the Law of God which is written in every human heart, knowable by reason itself, and proclaimed by the Church."

History

Early Abortion Legislation [1932 - 1945]

The first debates concerning reproductive rights and the legalization of abortion in Poland took place between 1929 to 1932, as the newly reestablished Polish state began to review its criminal codes . Following these debates, the Polish Penal Code of 1932 was established, which included legislation that decriminalized the practice of abortion. According to the statute, abortion was considered to be legal if a pregnancy resulted from a unlawful intercourse such as rape, incest or intercourse with a minor as well as if the mother's health or life was at risk . Once put into effect, Poland became the second country in Europe, after the Soviet Union, to legalize abortion .

Abortion During the Communist Era [1945 - 1989]

As Nazi German forces were pushed out from occupied Poland towards the end of the Second World War (1945), the Union of Soviet Socialist Republics (USSR) began to take control over what remained of the war-torn country. Having already established a prominent Communist influence over the eastern portions of the country with propaganda campaigns during its period of military occupation, the USSR's seizure of Warsaw in January of 1945 solidified the foundations for a Communist-run government in Poland. In 1947, by means of a Soviet-run election, The Polish People's Republic was founded as the official government of Poland. Though the country had seemingly gained some semblance of autonomy by establishing its own government, in actuality Poland functioned as a satellite state, which was still under heavy political, economic, and military control by the USSR.

The Polish People's Republic and its communist policies lasted from 1947 until 1989. Within this period, the Abortion Admissibility Law of 1956 was established. This law authorized abortion in cases of difficult living conditions, which was a result of the frequent housing shortages that occurred under communist rule, and established a system that granted free abortions in all public hospitals . However, the law was not specific in concern to the limitations that defined 'difficult living conditions,' therefore requesting an abortion became a relatively accessible practice. During the communist era, other forms of contraceptives were difficult to access and primarily unavailable to the general public; as a result abortion became Poland's principal method of family planning .

Restrictive Abortion Legislation [1993 - 1996]

Once Poland was liberated from the communist grip of the USSR with the Solidarity movements of 1989, abortion became a topic of political discussion fueled by conservative religious values. The Roman Catholic Church had historically established a significant influence over social and political facets of Polish society, as it had functioned as a site for Polish society to replenish their moral strength while under oppressive Communist occupation, and therefore was the driving force behind anti-abortion legislation. Those who had been members of the anti-communist opposition subsequently became involved with the increasingly popular anti-abortion campaign, which was strongly supported by the Roman Catholic Church of Poland .

After years of debates over reproductive rights in Poland, The Act on Family Planning, Protection of the Human Fetus, and Conditions for the Lawful Termination of Pregnancy was successfully implemented on January 7, 1993 and was considered to be one of the most restrictive abortion policies introduced in Europe . Under this newly enacted legislation, abortion was considered to be an illegal practice. Exceptions were made in cases that posed a danger to the mother's health or life, were the result of rape, or involved an incurable deformity of the fetus (as long as the procedure is performed within 12 weeks of pregnancy) . Soon after it's implementation, woman searching for an abortion based on socioeconomic status or other personal reasoning were forced to either visit illegal underground facilities or perform the abortion themselves - both options putting the mother's health and safety at risk.

Brief Liberalization of Abortion [1996 - 1997]

Following the 1995 election of president Aleksander Kwaśniewski, a pro-choice politician, Poland saw a brief change in its abortion laws. With his support, the anti-abortion law that was previously in effect was officially amended by the left-leaning Polish parliament in August of 1996, which allowed for abortion to be granted based on social grounds . According to Kwaśniewski, this would provide women "who find themselves in difficult living conditions or who have other important personal reasons" with access to abortion services. However, this legislation was short-lived, as the following year a new parliament, whose members were primarily conservative, was elected.

Return to Restrictive Abortion Legislation [1997 - present]

The newly elected right-leaning parliament immediately worked to challenge the liberalized abortion act in 1996, as they felt it violated the rights of the fetus . In 1997 they were successful in their attempts, as the previous abortion amendment was deemed unconstitutional and the original 1993 Act on Family Planning, Protection of the Human Fetus, and Conditions for the Lawful Termination of Pregnancy was reinstated. This anti-abortion legislation is Poland's current abortion policy in place today. This anti-abortion legislation is currently in effect and is considered to be one of the most restrictive reproductive rights policies in Europe . Although abortion is permitted under specific circumstances (danger to the mother's health, rape, or incurable deformity of the fetus), doctors who are willing to perform an abortion in Poland are hard to find, which often leave women seeking care in neighboring countries .

Pro-Choice in Poland

A group of women protesting against stricter abortion laws at a pro-choice event in Warsaw, Poland on April 9, 2016. The signs read "I want to have a choice", "abortion should be my own business", and "my body = my right"

Black Monday demonstrations filled the streets of Warsaw's Old Town district on October 3, 2016.

Federation for Women and Family Planning

The Federation for Women and Family Planning has been the leading pro-choice non-governmental organization in Poland for the past 25 years . The organization was established in 1991 as a result of a joint agreement between five organizations – the League of Polish Women, the Polish Feminist Association, the Pro Femina Association, the Association for Ideologically Neutral State “Neutrum”, and the Association of Christian Girls and Women YWCA Poland . According to their official website, their mission is to advocate for "basic human rights, especially the right of women to decide freely whether and when to have children" . This includes monitoring Polish legislative activity concerning reproductive rights and providing legal assistance to women denied such rights. They have also been a primary source for organizing public demonstrations and protests to promote pro-choice ideology.

Black Protests

The Czarny Protests (translated to Black Protests) were a series of pro-choice protests across Poland that began when new anti-abortion legislation was proposed in April of 2016, which would completely outlaw abortion except in cases that would put the mother's life in danger. This would further limit the reproductive rights of women in Poland who were already under a restrictive abortion policy. Additionally, this legislation would hold any woman who received an illegal abortion and the doctor who performed the procedure criminally responsible - both potentially incurring up to five years of jail time regardless of the circumstances for the procedure .

The Black Protest demonstrations were organized through social media platforms, which encouraged participants to wear black colored clothing and post selfies on social media tagged

#czarnyprotest (#blackprotest) . One of the largest Black Protests occurred October 3, 2016, where an estimated 30,000 demonstrators marched through the capital of Warsaw to oppose the proposed bill. On that day, protests also took place in other large cities across Poland, which notably included Gdańsk, Łódź, Wrocław, and Kraków . This event became known as Black Monday. The protest was a success, as two days later, on October 6, Polish parliament voted the bill down .