The State of Abortion: Poland’s Path to Democratic Reconstruction

By Kate Capparelle

Though the latest United States Human Rights Report praises the government’s recent strides toward reform, it expresses concerns for Poland’s “significant human rights issues.” Among the highlighted concerns were obstacles to accessing sexual and reproductive health services.

Published on April 22, 2024, “the annual Country Reports on Human Rights Practices – the Human Rights Report – cover[s] internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements.”

In a historic election in October 2023, Prime Minister Donald Tusk and his democratic opposition coalition government surprised the international community with their victory over the Law and Justice Party (PiS) government, which had dominated Polish politics since 2015. The coalition’s campaign agenda consisted of realigning Poland with Brussels, unblocking billions in EU aid, and reversing democratic backsliding. This demonstration of Poland’s democratic resiliency, highlighted by a record-high and unexpected voter turnout of 74 percent, was driven by young people and women. Voters under thirty rose from 46 percent in 2019 to 68 percent in 2023, and female voters rose from 61 percent in 2019 to 74 percent in 2023. 

The concerns of women and young people, as measured by exit polls in October, mirrored the issue highlighted in the April report: restrictive abortion laws.

Under the PiS government, the report cited, the near-total ban on abortion in Poland had detrimental implications for women’s health and safety. In May 2023, a woman died in Nowy Targ, a town in southern Poland, after seeking medical treatment when her water broke prematurely at 20 weeks pregnant. She died in a hospital from septic shock. The report highlighted politicians and women’s rights groups who asserted she should have received a possibly lifesaving abortion. This did not happen, however, because of the restrictive abortion laws in Poland, supported and enforced by the PiS. 

This tragic and preventable death occurred a few years after Poland’s constitutional court ruled in 2020 that allowing abortion of fetuses with congenital disorders, including Down Syndrome, is unconstitutional. According to Amnesty International, “previously, over 90 percent of the approximately 1,000 legal abortions annually performed in Poland were on this ground.” 

Following this court ruling, abortions became legal only under circumstances where a pregnant woman’s health or life is at risk, or the pregnancy results from a crime. In practice, however, providers frequently refused to perform abortions due to the “conscious clause” in the law, permitting medical professionals to abstain from the procedure based on their beliefs. 

Growing tensions escalated in June 2023, four months before the election, when hundreds of thousands of Poles marched through Warsaw in protest of the PiS government. While frustrations ranged from trans rights to trade union representation, a key component of protestors’ issues centered around Poland’s restrictive abortion laws.

Now, roughly six months post-election, this report offers a moment of reflection on Tusk and his government’s efforts to advance their agenda and empower Poland’s democracy.

The news came on April 12th that Polish lawmakers approved four amendments to Poland’s abortion laws, including efforts to decriminalize abortion assistance, legalize abortion through the 12th week of pregnancy, and allow abortions in cases of fetal defects. Now, these amendments will go through the next voting stage in Parliament with designated commissions working to finalize these new laws and ensure their passage. Furthermore, efforts to crack down on the misuse of the “conscious clause” are actively underway under Tusk’s administration.

As a central campaign promise of Tusk’s, this step towards liberalizing Poland’s abortion laws was celebrated. Future complications may arise, however, if the bill reaches President Andrzej Duda’s desk. As a conservative Catholic and supporter of PiS, Duda is unlikely to sign them into law, and Tusk’s coalition government lacks the necessary votes to overturn a presidential veto at this time. 

As one of Poland’s most pressing domestic issues, removing barriers to accessing sexual and reproductive health services will likely remain a key focus of Tusk’s rhetoric in the coming months. In the ongoing pursuit of human rights in Poland, the path toward reproductive freedom reflects the nation’s progress and ongoing challenges.