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The new government of Donald Tusk has promised a rapid revision of the law. But there are numerous hurdles.
It’s all about this: In Poland, parliament is debating whether to liberalize abortion rights. The current legislation is one of the strictest in the EU. During the election campaign, Prime Minister Donald Tusk promised to strengthen women’s rights and make it easier to access abortion. But in the almost five months that Tusk has been ruling the country, this central project has not made any real progress.
The problem for Tusk: There is disagreement on the issue of abortion among the three political groups that make up Tusk’s center-left governing coalition – which is why there are several draft laws. The draft from Tusk’s liberal-conservative party, the Citizens’ Coalition, envisages the legalization of abortions up to the twelfth week of pregnancy – a deadline solution like that in Switzerland. The left-wing alliance Lewica is calling for the same in its own amendment. The Christian-conservative Third Way, for its part, wants to allow abortions only after a crime or if there is a risk to the pregnant woman and the fetus.
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Last summer, thousands of people protested across Poland against the abortion ban. Previously, several expectant mothers had died after doctors failed to take action following complications during pregnancy.
Reuters/Kacper Pempel
Liberal-left-conservative government: When it comes to the abortion issue, the different worldviews within the Polish government come to the fore. “Nevertheless, it is unlikely that the government will collapse over the issue,” says SRF Eastern Europe correspondent Roman Fillinger. Ultimately, none of the current government parties want the national conservative PiS party to take power again. And: Abortion legislation in Poland will probably not be relaxed quickly because President Andrzej Duda has already announced that he does not want to sign such a law.
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Reuters/Kacper Pempel
Prime Minister Donald Tusk had announced rapid reforms – but he has not achieved much in the first hundred days of his government. It is particularly difficult to make the courts independent again without violating the law. They had been heavily politicized by the previous government.
On the other hand, there are also successes for Tusk. His government managed to release 57 billion euros in EU funds. The EU Commission had previously withheld this for more than two years due to doubts about the independence of the Polish courts.
Referendum possible: The President of the Polish Parliament wants citizens to vote in a referendum on abortion rights. He hopes that the people’s approval will increase the pressure on Duda to refrain from using a veto. But women’s rights activists fear that the debate could be set back for years. This when the church, right-wing parties and pro-life organizations tried to turn the social mood.
Previous regulations: Until 2020, abortions were legal in Poland in cases of rape if the expectant mother’s health was in danger or the fetus had deformities. Then the Constitutional Court under the then national-conservative PiS government tightened abortion rights even more. Since then, abortion has only been permitted after rape or incest – or if the pregnant woman’s life is in danger. If the unborn child has severe malformations, women are not allowed to have an abortion.
The consequences of the ban: In recent years there have been several cases in Poland in which pregnant women died during hospital treatment. This is because the doctors remained inactive despite complications. Almost a year ago, a 33-year-old woman died in hospital after losing amniotic fluid in the 20th week of pregnancy. The doctors did nothing and the woman was dead a few days later. The case sparked nationwide protests by thousands of Poles demanding a more liberal abortion law.