Written by Luiza Świerzawska
Whenever someone asks me about the abortion law in my country, Poland, the first words that pop into my head are: “I can’t believe I still have to protest this shit”. It is probably one of the most popular slogans present during women’s protests and I can’t believe that it continues to be this relevant. After all, safe abortions are a matter of good public health policy. It is not only a topic of ethical debate but rather a fundamental right for a woman's life and future.
On 22 October 2020, the Constitutional Tribunal in Poland ruled abortion in case of fetal abnormalities as unconstitutional. This decision sparked nationwide protests. Women from all over the country took to the streets, holding slogans like “Women’s Hell” or “This is War”. Many of the strikes led to violent confrontations with the police. Marches were held not only in Poland but also in cities like London, Amsterdam, Copenhagen and many more. On 27 January 2021, the new abortion law came into force after Constitutional Tribunal published a written justification of its decision.
Before the court’s decision, Poland already had one of the strictest abortion laws in Europe. Now these restrictions have become even tighter. Until January 2021 abortion was possible only under three circumstances: in cases of rape or incest, when mother’s life was at risk and due to severe fetal defects. The third category is the most frequent reason for pregnancy termination. According to the Polish Ministry of Health official data, in 2019, in Poland there were 1100 legal abortions conducted, whereas 1074 of them were induced by the fetal abnormalities.
Restricted access does not mean less abortions. What it means is that women will be more likely to undertake dangerous procedures, compromising their health. Some women can afford getting a safe abortion abroad which is becoming a frequent solution. Meanwhile others are left behind.
In September 2021 a 30-year-old woman, Izabela, died from a septic shock in the hospital in Pszczyna, southern Poland. Even though her scans had previously revealed numerous defects in the fetus, doctors deferred to terminate her 22-week pregnancy. Izabela was a victim of Poland’s abortion law. A law that can lead to a sentence of up to eight years in prison in case of performing an unlawful abortion. A law that stops doctors from terminating pregnancy when it can save a woman’s life.
Another aspect that raises concerns is the timing of the verdict. In the midst of the pandemic, the new abortion law appeared to be an effective distraction from rising coronavirus cases. Moreover, it restricts many from attending the protests. However, it did not stop massive resistance. People were voicing their objection throughout social media. The car protests were organized, blocking the roads across the country.
The massive protests are not solely about the new abortion law. They depict a bigger image of citizens’ frustration. The Law and Justice, the ruling party that came to power in 2015, took control over the Constitutional Tribunal triggering rising concerns from the European Commission. In Summer 2020, LGBT protests were organized due to politicians painting homosexuals as a threat and voicing offensive comments. Now instead of providing support and assistance to citizens fearing the virus and its consequences, the government was busy curbing abortion laws.
From the time women earned the right to vote in 1918 to today, the demand for choice and reproductive freedoms has been characterized as a condition for female independence and equality. We should stand in solidarity with the women in Poland and fight for their rights, every day. The death of Izabela sparked anger as well as feeling of hopelessness in Poland. “Her heart was beating too” chanted thousands of protesters across the country. Others cried “not one more”, expressing that not one more woman loses her life due to restrictive law on abortion.The citizens are still striking, and women are not giving up on fighting for their rights and the freedom of choice.