Poland was already one of the strictest countries in terms of abortion laws in Europe, but the ruling party Law and Justice (PiS) has been trying for a long time to make the abortion law even stricter. Back in October 2016, demonstrators all across the country took the streets to protest on the PiS party’s attempt to enact this law. The Parliament rejected the abortion ban on October 6th. After the controversial judicial reforms in the country and the nomination of court judges by PiS, it comes as no surprise that the ban could be passed this time.
Last January (2019) I had the opportunity to get in contact with the European Women’s Lobby in Brussels. There, I discussed the current situation of women’s right in the European Union, focusing on sexual and reproductive health and rights (SRHR).
The EWL, which is the biggest European network of women’s associations, aims at influencing the general public and the EU decision-makers in support of women’s human rights. It is continuously working to ensure every woman’s dignity and the respect of SRHR in the Union.
Here are some reflections following my contact with them.
Looking back at the events and debates that occurred across Europe in 2018, we are likely to notice that, on some issues, the European puzzle is rapidly falling apart. For several decades, the different puzzle pieces have been struggling to get closer through a long and demanding process of integration, but recently many of them have started to outdistance and even to crumble. Brexit was just the most evident expression of breach and disagreement, yet the EU appears quite fragmented also in other domains, including women’s rights – and especially SRHR.
Gender-based violence, surrogacy, pornography, abortion – the facets of SRHR are numerous and intricate and thus require a deep analysis. This article will concentrate on violence against women and right to abortion in Europe, as these topics have been in the limelight during the past year and have caused great disagreement among the member states, contributing to the breakdown of the puzzle.
First of all, it is important to recall the strong commitment of the EU to women’s rights. The Treaty on the European Union (TEU) upholds the principle of gender equality and non-discrimination (Article 2), whereas the Treaty on the Functioning of the European Union (TFEU) confirms the political commitment of member states to fight against all forms of domestic violence (Declaration 19 on Article 8). The Charter of Fundamental Rights warrants people’s right to dignity (Title I) and equality (Title III) and includes specific provisions on people’s right to physical and mental integrity, outlawing any form of discrimination on the grounds of sex.
These (founding) documents present concepts and positions in a dreamlike manner – but do the reality of the EU and the actions of its decision-makers correspond to them? Continue reading “Sexual and Reproductive Health and Rights: The EU’s failure on violence against women and abortion”→
With a significant pro-choice victory in Poland as the country’s conservative PiS government performs a U-turn on restricting access to abortion in the case of incest, rape, fatal foetal abnormality and risk to the mother’s life, it is easy to forget that the EU still has one State in which very few of the above constitute a legitimate cause for abortion.
Last year the Republic of Ireland became the first country to legalise same sex marriage through a popular referendum with an overwhelming victory, which seemed to signal a new liberal turn in a country many people across Europe and the world associate with conservative Catholicism. Yet Ireland, despite calls from the EU, the Council of Europe and the UN, has retained one of the most restrictive abortion laws in the world, where fatal foetal abnormalities and rape are not considered legal grounds for the termination of a foetus and where, even in the cases where woman’s life would be endangered by seeing a foetus to term, a woman might be denied the necessary treatment. Enshrined in the Constitution of the Republic of Ireland (Bunreacht na hÉireann) the Eighth Amendment prevents a woman having an abortion because the foetus is considered to have an equal right to life:
Recurrent images of the masses of women filing through the streets of Europe’s capitals remind us that the conflict over whether to prioritize women’s right to choose or a fetus’ right to live is one at the heart of many major social debates. Not only does it chafe at the junctions between social progress and tradition, individualism and normativity, encouraging women to exercise their right to self-determination and protecting sacralized family life; the issue also serves as a pin on which politicians hang the canvases they paint of ‘their’ nations as either traditionalist religious countries respectful of their past (such as Poland under PiS) or liberal countries pragmatically looking to the future (e.g. The Netherlands under VVD).
This article is the opinion of the author and does not necessarily representative the views of The Euroculturer, the management and editorial staff of The Euroculturer or contributors to The Euroculturer
The Czarny Protest- Women in Poland don black to protest the loss of their dignity and security in rallies held outside of parliament buildings and in town squares across major cities in Poland.
They are wearing black to protest the introduction of new abortion laws which would see victims of rape and incest forced to give birth to the result of their violations, whilst those whose fetus has severe or permanent impairment, those who would be at risk of long-term health complications from carrying their child to term, will have no choice in the matter. Soon Poland may see a law passed that restricts abortion in all but the most clear cut life and death situations.
The abortion law in force now, was passed in 1993 and restricts abortions save for cases of risk to the mother’s life, impairment of the fetus, and children conceived through rape and incest.
Women are being told by the Polish Parliament that their life, their place in Polish society, the fact that they are theoretically equal citizens before the law, matters less than what their womb can produce.
Pro-life activists, backed by the Catholic Church, were the ones who submitted this new law for the consideration of the Parliament, asking for the complete restriction of abortions save for life or death situations and gathered half a million signatures, four hundred thousand more than was necessary for submission.
The Law and Justice Party (PiS) who is currently in power and considering these further restrictions, are a national right-wing conservative party but even the main opposition party Civic Platform- a liberal-conservative party, has refused to consider liberalizing abortion laws.
If the anti-abortion bills become law, women and female children who do undergo abortions for any reason short of life and death situations will risk between three months and five years in prison. Whilst doctors who seek to perform these unauthorized abortions will face increased prison sentences. The Gazeta Wroclawska quotes one protester stating that:”It’s a cruel and inhuman law. It will endanger all of us. We do not want to live in a country where the bed of a pregnant woman is surrounded by armed police officers and a prosecutor, where every abortion ends in investigation, where raped girls are forced to bear the children of their rapists ” (Translated from Polish)
Pro-choice activists have tried to counter with their own initiative by producing a bill called ‘Save the Women’, which would allow abortions for the first 12 weeks of pregnancy.Within a very short time the bill had collected215,000 signatures but has since been ignored by the Parliament.
The reasoning behind the Black Protest movement is described by the organizer of the Lublin branch, Catherine Babis, as – “(We) organized the protest, because we are tired of being treated like objects in the ideological controversy. It is easy to talk about sacrifice and holiness of life, if it applies to sacrifice someone else. We do not agree with forcing women to be heroic in the name of someone else’s ideology and someone else’s beliefs. We can see how it ends in countries that have introduced similar laws, countries dealing out sentences for miscarriage, and the doctors looking idly on the death of women who could be saved. We do not want Poland to be turned into a hell for women. We want dignity and security for us and for our families.”