Tuesday, 02 January 2024 12:17 GMT

European Court Condemns Poland in Abortion Case


(MENAFN) Europe’s highest human-rights tribunal concluded that Poland intruded upon the personal life of a woman who underwent an abortion abroad because she was uncertain whether the procedure remained lawful in her own country.

The complaint was filed by a resident of Krakow, in southern Poland, who was 15 weeks pregnant when she learned that her fetus suffered from a severe genetic condition.

She intended to legally end the pregnancy within Poland, but was informed she could not do so after a ruling by the Polish Constitutional Court prohibited abortion on the grounds of fetal defects. Yet the exact details of this revised legislation were not formally released for several months.

This postponement generated extensive uncertainty about whether the judgment was in force. As a result, the woman was compelled to travel to the Netherlands to secure a lawful abortion.

“It had been unclear during that time whether the restrictions had already taken effect or if abortion could still be legally performed,” the European Court of Human Rights stated in its decision on Thursday.

The court instructed Poland to compensate the woman with 1,495 euros ($1,700) in pecuniary damages and 15,000 euros ($17,400) for other harm.

The judges also raised concerns about the composition of Poland’s Constitutional Court, which has faced broad criticism.

The European Commission and opposition groups have argued that the court’s structure was shaped by the governing Law and Justice (PiS) party.

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