Poland’s abortion debate reaches a critical juncture as a controversial 37-week termination prompts criminal investigation and intensifies the national discussion about maternal rights versus fetal protections.
At a Glance
- A Polish woman named Anita terminated her pregnancy at 37 weeks after her son was diagnosed with osteogenesis imperfecta.
- In 2022, Poland removed the exception for abortion due to prenatal abnormalities, making it one of Europe’s strictest abortion laws.
- Doctors argued that the abortion was necessary for the mother’s health, but the case has sparked controversy.
- A criminal investigation is currently examining whether the late-term abortion violated Polish law.
Poland’s Restrictive Abortion Framework
Poland has some of Europe’s strictest abortion laws, allowing termination only in limited circumstances. On October 22, 2020, the Constitutional Tribunal ruled that abortion due to fetal impairment was unconstitutional, eliminating a key legal option. This decision reflects a broader trend since 2015, with international human rights norms losing influence in Polish law. The previous 1993 abortion compromise has been largely restricted, leaving only three legal grounds for abortion: risk to the mother’s life or health, rape, or incest.
“The ‘1993 abortion compromise’ has been contested unsuccessfully by various social and political forces for almost three decades.” – Łętowska
The Case of Anita
The case now at the center of Poland’s abortion debate involves a woman named Anita who underwent an abortion at 37 weeks of pregnancy after her son was diagnosed with Osteogenesis Imperfecta (OI), commonly known as brittle bone disease. Media reports contain conflicting information about the motivation for the abortion. Some reports claim it was performed to protect the mother’s health, while in her own statements, Anita indicated the decision was made to spare her child from suffering.
The procedure was performed by Dr. Gizela Jagielska, who administered potassium chloride to cause cardiac arrest in the fetus. Medical professionals advised the parents to consider adoption as an alternative, but this option was rejected. According to reports, Anita’s decision was influenced by fears about her son living with a disability and the potential impact on her family, including her other children.
Anita stated in interviews that she felt she was being her son’s “hero” by not allowing him to live with a disability, a perspective that has drawn both sympathy and criticism from various quarters in Poland’s divided society.
Legal and Ethical Questions
The case has raised significant questions about Poland’s abortion law. Following the 2022 amendment that removed fetal abnormality as grounds for abortion, doctors justified the procedure claiming it protected maternal health. Critics argue there was no immediate health emergency, highlighting a loophole in Poland’s Family Planning Act of 1993 that doesn’t mandate an immediate emergency for a health-based exception.
This abortion has led to a criminal investigation to determine if it violated Polish law. The case illustrates the complex relationship between abortion regulation and human rights, including the right to life, health, privacy, and freedom from discrimination, reflecting global debates on abortion laws as some nations liberalize while others, like Poland, tighten restrictions.
“Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception” – Organization of American States
Supporting Families Facing Disability
The case has raised concerns about societal support for families of children with disabilities. Critics of the abortion argue that individuals with osteogenesis imperfecta lead fulfilling lives, suggesting that better support could influence decisions. Access to medical care and community support varies widely in Poland, impacting families facing tough prenatal diagnoses.
Medical professionals have called for improved guidelines and training for counseling patients post-diagnosis, as insensitive comments from medical students reportedly influenced Anita’s decision. This controversy has sparked calls for a more comprehensive support system for families dealing with challenging prenatal situations.Draft by: Claude
