Domestic Politics
20:24 22 October 2020
Post by: WBJ

TK considers abortion due to fetal defects unconstitutional

TK considers abortion due to fetal defects unconstitutional
Source: Strajk Kobiet (via Twitter)

Before 4 p.m. the judgment of the dependent on PiS Constitutional Court (TK) was passed, which found that abortion due to severe fetal defects was unconstitutional in Poland so far. This means breaking the abortion compromise developed in 1993. The judgment was taken by a majority of votes, two judges of the TK – Piotr Pszczółkowski and Leon Kieres, had a separate opinion on the judgment.

"Article 4a (1) (2) of the Act of 7 January 1993 on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy (...) is inconsistent with Article 38 in conjunction with Article 30 in conjunction with Article 31 (3) of the Constitution," the President of the Constitutional Court, Julia Przyłębska, justified the judgment.

No amendment to the act is required to change the judgment of the TK  into law – the ban will come into force after its publication in the Journal of Laws, i.e. within the next few days.

"Women's Hell", "The state condemns women to torture" –  these are some of the comments that follow the sentence. MEPs from the Left organized a silent protest in the Sejm.

"Removing the basis for almost all legal abortions in Poland amounts to a ban & violates human rights. Today's ruling of the Constitutional Court means underground/abroad abortions for those who can afford and even greater ordeal for all others," Dunja Mijatovic, Commissioner for Human Rights, stated

"For five years, Kaczyński was afraid to tighten the rules in the Sejm, he did it today, in an epidemic, cowardly, through an obedient TK, to avoid discussion, to shut the mouths of Poles. We differ on abortion, we should talk about it. And not to be forced to accept the opinion of a politician who is the real boss of the head of the TK," Szymon Hołownia, a former candidate for president of Poland wrote.


jarosław kaczyński
szymon hołownia
dunja mijatović
piotr pszczółkowski
leon kieres

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