UPR Sexual Rights Database

The conditions for the permissibility of termination of pregnancy in Poland are defined by the provisions of the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Permissibility of Termination of Pregnancy. In accordance with Article 4a(1) of the aforesaid Act, termination of pregnancy may only be effected by a physician in a case when: (1) the pregnancy endangers the life or health of the pregnant woman; (2) there is a reasonable suspicion that the pregnancy originates from an act capable of constituting a criminal offence. The circumstances referred to in subsection 1 are certified by a physician other than the one performing the abortion, except where the pregnancy presents a direct threat to the pregnant woman’s life, and the circumstance referred to in subsection 2 is certified by a public prosecutor. The circumstances referred to in subsection 1 are certified by a physician other than the one performing the abortion, except where the pregnancy presents a direct threat to the pregnant woman’s life, and the circumstance referred to in subsection 2 is certified by a public prosecutor. The Act also requires the woman’s written consent to an abortion. In the case of a minor or completely legally incapacitated woman, the legal guardian’s consent is required. In the case of a minor above 13 years of age, her written consent is also required. In the case of a minor below 13 years of age, the guardianship court’s consent is required, and the minor has a right to make her opinion known. In the case of a completely legally incapacitated woman, her written consent is also required, except where the condition of her health does not so permit. In the absence of the legal guardian’s consent, termination of pregnancy requires the consent of the guardianship court. Moreover, the provisions of the Act specify the time-limit in which the procedure may be carried out. Where there is a reasonable suspicion that the pregnancy originates from an act capable of constituting a criminal offence, termination of pregnancy is permissible if no more than 12 weeks have elapsed since the beginning of the pregnancy. The Regulation of the Minister of Health and Social Care of 22 January 1997 concerning the professional qualifications of physicians authorized to perform abortions and to determine that the pregnancy endangers the woman’s life or health or suggests a high probability of severe irreversible impairment of the foetus or life-threatening incurable illness specifies that an abortion may be performed by a physician holding a first-degree specialization in obstetrics and gynaecology or the title of a specialist in obstetrics and gynaecology. The existence of circumstances suggesting that the pregnancy endangers the pregnant woman’s life or health is certified by a physician holding the title of a specialist in the medical discipline proper to the type of the illness suffered by the pregnant woman. As for access to benefits in the discussed area, Article 4b of the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Lawful Termination of Pregnancy provides that, ‘persons covered by social insurance and persons eligible for free health-care under separate provisions shall be eligible for free pregnancy termination in health-care establishments.’ The list of guaranteed benefits in relation to abortion is specified by Annex 1 to the Regulation of the Minister of Health of 22 November 2013 concerning guaranteed benefits in the area of hospital care. Furthermore, it ought to be noted that in the light of the applicable provisions, including chiefly the provisions of the Regulation of the Minister of Health of 8 September 2015 concerning the general terms of contracts for health-care services (Journal of Laws of 2016, item 1146), all health-care establishments (hospitals) having contracted with the National Health Fund (NFZ) have a duty to provide the benefits specified therein in the full scope and in compliance with the applicable law. By signing a contract for health-care services, the provider agrees to provide all services specified as guaranteed benefits in the relevant executive regulations under the Act, to the extent of the relevant scope and type of benefits covered by the contract. As noted above, the Regulation of the Minister of Health of 22 November 2013 concerning guaranteed benefits in the area of hospital care includes abortion. The effective legal remedy for, among others, women denied the right to carry out the abortion procedure (in circumstances prescribed by the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Lawful Termination of Pregnancy) is the patient’s right to object to the physician’s opinion or decision. The aforesaid right was introduced to the Polish legal system by the provisions of the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman. The right accrues to the patient and can also be exercised on the patient’s behalf by the statutory guardian. In accordance with the aforementioned Act, the objection against a physician’s or dentist’s opinion or decision may be lodged with the Medical Board operating under the auspices of the Patient’s Rights Ombudsman, if the opinion or decision affects the patient’s rights or obligations arising from the provisions of the law. The activities of the Patient’s Rights Ombudsman’s Medical Board are governed by the Regulation of the Minister of Health of 10 March 2010 concerning the Medical Board operating under the auspices of the Patient’s Rights Ombudsman. Pursuant to Article 32(2) of the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman, the national consultants, in consultation with the relevant voivodeship consultants, shall once a year by 30 March compile lists of physicians eligible to serve as members of the Medical Board. The Patient’s Rights Ombudsman has reached out to the national consultants in the relevant medical disciplines concerning updates to the lists prepared and submitted by them. It should furthermore be noted that the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman, in addition to the right to object, has also created a central organ of government administration — significant from the perspective of the protection of the rights of all patients, including without limitation pregnant women experiencing difficulties with access to abortion — in the form of the Patient’s Rights Ombudsman. ... In regard to providing access to termination of pregnancy as in the case of Recommendation 118. As for the amendment of Article 152(2) of the Criminal Code, there are no plans to initiate legislative work in this respect. Therefore, there are no grounds to support the Recommendation to repeal or amend this provision in the near future. ... The conditions for the permissibility of termination of pregnancy in Poland are defined by the provisions of the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Permissibility of Termination of Pregnancy. In accordance with Article 4a(1) of the aforesaid Act, termination of pregnancy may only be effected by a physician in a case when: (1) the pregnancy endangers the life or health of the pregnant woman; (2) there is a reasonable suspicion that the pregnancy originates from an act capable of constituting a criminal offence. The circumstances referred to in subsection 1 are certified by a physician other than the one performing the abortion, except where the pregnancy presents a direct threat to the pregnant woman’s life, and the circumstance referred to in subsection 2 is certified by a public prosecutor. The circumstances referred to in subsection 1 are certified by a physician other than the one performing the abortion, except where the pregnancy presents a direct threat to the pregnant woman’s life, and the circumstance referred to in subsection 2 is certified by a public prosecutor. The Act also requires the woman’s written consent to an abortion. In the case of a minor or completely legally incapacitated woman, the legal guardian’s consent is required. In the case of a minor above 13 years of age, her written consent is also required. In the case of a minor below 13 years of age, the guardianship court’s consent is required, and the minor has a right to make her opinion known. In the case of a completely legally incapacitated woman, her written consent is also required, except where the condition of her health does not so permit. In the absence of the legal guardian’s consent, termination of pregnancy requires the consent of the guardianship court. Moreover, the provisions of the Act specify the time-limit in which the procedure may be carried out. Where there is a reasonable suspicion that the pregnancy originates from an act capable of constituting a criminal offence, termination of pregnancy is permissible if no more than 12 weeks have elapsed since the beginning of the pregnancy. The Regulation of the Minister of Health and Social Care of 22 January 1997 concerning the professional qualifications of physicians authorized to perform abortions and to determine that the pregnancy endangers the woman’s life or health or suggests a high probability of severe irreversible impairment of the foetus or life-threatening incurable illness specifies that an abortion may be performed by a physician holding a first-degree specialization in obstetrics and gynaecology or the title of a specialist in obstetrics and gynaecology. The existence of circumstances suggesting that the pregnancy endangers the pregnant woman’s life or health is certified by a physician holding the title of a specialist in the medical discipline proper to the type of the illness suffered by the pregnant woman. As for access to benefits in the discussed area, Article 4b of the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Lawful Termination of Pregnancy provides that, ‘persons covered by social insurance and persons eligible for free health-care under separate provisions shall be eligible for free pregnancy termination in health-care establishments.’ The list of guaranteed benefits in relation to abortion is specified by Annex 1 to the Regulation of the Minister of Health of 22 November 2013 concerning guaranteed benefits in the area of hospital care. ... Procreative health constitutes an important element of the definition of health as complete physical, mental and social well-being and not merely the absence of disease or infirmity relating to the reproductive system and procreation in all phases of life. Among other things, procreative health includes topics relating to pubescence and menopause, fertility and infertility, family planning, as well as health during pregnancy, delivery and confinement. Attention to procreative health is key to the well-being of Poles and the good health of the generations to come, and it assists actions taken with a view to improving the demographic ratios. Everybody has a right to the protection of health in Poland; regardless of the citizens’ respective economic situations, public authorities guarantee equal access to publicly financed health-care services the scope of which is defined by a separate statute. Women in pregnancy, delivery and confinement enjoy special legal protection in Poland. Protection of women in pregnancy, delivery and confinement is guaranteed both by domestic legislation and international treaties ratified by Poland.Procreative health constitutes an important element of the definition of health as complete physical, mental and social well-being and not merely the absence of disease or infirmity relating to the reproductive system and procreation in all phases of life. Among other things, procreative health includes topics relating to pubescence and menopause, fertility and infertility, family planning, as well as health during pregnancy, delivery and confinement. Attention to procreative health is key to the well-being of Poles and the good health of the generations to come, and it assists actions taken with a view to improving the demographic ratios. Everybody has a right to the protection of health in Poland; regardless of the citizens’ respective economic situations, public authorities guarantee equal access to publicly financed health-care services the scope of which is defined by a separate statute. Women in pregnancy, delivery and confinement enjoy special legal protection in Poland. Protection of women in pregnancy, delivery and confinement is guaranteed both by domestic legislation and international treaties ratified by Poland.Procreative health constitutes an important element of the definition of health as complete physical, mental and social well-being and not merely the absence of disease or infirmity relating to the reproductive system and procreation in all phases of life. Among other things, procreative health includes topics relating to pubescence and menopause, fertility and infertility, family planning, as well as health during pregnancy, delivery and confinement. Attention to procreative health is key to the well-being of Poles and the good health of the generations to come, and it assists actions taken with a view to improving the demographic ratios. Everybody has a right to the protection of health in Poland; regardless of the citizens’ respective economic situations, public authorities guarantee equal access to publicly financed health-care services the scope of which is defined by a separate statute. Women in pregnancy, delivery and confinement enjoy special legal protection in Poland. Protection of women in pregnancy, delivery and confinement is guaranteed both by domestic legislation and international treaties ratified by Poland. Furthermore, it ought to be noted that in the light of the applicable provisions, including chiefly the provisions of the Regulation of the Minister of Health of 8 September 2015 concerning the general terms of contracts for health-care services (Journal of Laws of 2016, item 1146), all health-care establishments (hospitals) having contracted with the National Health Fund (NFZ) have a duty to provide the benefits specified therein in the full scope and in compliance with the applicable law. By signing a contract for health-care services, the provider agrees to provide all services specified as guaranteed benefits in the relevant executive regulations under the Act, to the extent of the relevant scope and type of benefits covered by the contract. As noted above, the Regulation of the Minister of Health of 22 November 2013 concerning guaranteed benefits in the area of hospital care includes abortion. The effective legal remedy for, among others, women denied the right to carry out the abortion procedure (in circumstances prescribed by the Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Lawful Termination of Pregnancy) is the patient’s right to object to the physician’s opinion or decision. The aforesaid right was introduced to the Polish legal system by the provisions of the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman. The right accrues to the patient and can also be exercised on the patient’s behalf by the statutory guardian. In accordance with the aforementioned Act, the objection against a physician’s or dentist’s opinion or decision may be lodged with the Medical Board operating under the auspices of the Patient’s Rights Ombudsman, if the opinion or decision affects the patient’s rights or obligations arising from the provisions of the law. The activities of the Patient’s Rights Ombudsman’s Medical Board are governed by the Regulation of the Minister of Health of 10 March 2010 concerning the Medical Board operating under the auspices of the Patient’s Rights Ombudsman. Pursuant to Article 32(2) of the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman, the national consultants, in consultation with the relevant voivodeship consultants, shall once a year by 30 March compile lists of physicians eligible to serve as members of the Medical Board. The Patient’s Rights Ombudsman has reached out to the national consultants in the relevant medical disciplines concerning updates to the lists prepared and submitted by them. It should furthermore be noted that the Act of 6 November 2008 on the Patient’s Rights and on the Patient’s Rights Ombudsman, in addition to the right to object, has also created a central organ of government administration — significant from the perspective of the protection of the rights of all patients, including without limitation pregnant women experiencing difficulties with access to abortion — in the form of the Patient’s Rights Ombudsman. ... Procreative health constitutes an important element of the definition of health as complete physical, mental and social well-being and not merely the absence of disease or infirmity relating to the reproductive system and procreation in all phases of life. Among other things, procreative health includes topics relating to pubescence and menopause, fertility and infertility, family planning, as well as health during pregnancy, delivery and confinement. Attention to procreative health is key to the well-being of Poles and the good health of the generations to come, and it assists actions taken with a view to improving the demographic ratios. Everybody has a right to the protection of health in Poland; regardless of the citizens’ respective economic situations, public authorities guarantee equal access to publicly financed health-care services the scope of which is defined by a separate statute. Women in pregnancy, delivery and confinement enjoy special legal protection in Poland. Protection of women in pregnancy, delivery and confinement is guaranteed both by domestic legislation and international treaties ratified by Poland. ... As for health-care benefits in the area of procreative and sexual health, the rationale is analogous to the one for Recommendations 118 and 122. … With 27 January 2021, due to the coming into force of the decision of the Constitutional Court in K 1/20, of 22 October 2020, Article 4a(1)(2) of the Act ceased to be valid; this was the provision for the permissibility of pregnancy termination in cases in which prenatal examinations or other medical indications suggested a high probability of severe irreversible impairment of the foetus or its incurable life-threatening disease. …It must accordingly be emphasized that the change of the law in this regard has occurred not as a result of any legislative efforts but due to a finding of unconstitutionality made by the competent organ. Moreover, as a marginal note, attention must be paid to the matter of the state’s autonomy in the area of domestic legislation concerning the permissibility of abortion.

Noted. According to the Article 32 of the Polish Constitution all persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities. No one shall be discriminated against in political, social or economic life for any reason whatsoever. Polish legislation provides far-reaching protection against discrimination. Anti-discrimination legislation already covers sexual orientation, and labour law prohibits discrimination on any grounds whatsoever (including without limitation identification with a different sex than stated in identity papers). According to the Polish Constitution under the term ‘gender’ Poland understands only one’s biological sex, which is understood to mean either a woman or a man. For this reason, any interpretation of guarantees relating to so-called ‘gender identity’ cannot be understood as readiness to introduce legislative amendments in the scope in which ‘gender’ goes beyond the term referred to a woman or man identified on the basis of their biological characteristics.

Noted.

At this time, the Polish Government (the Government) cannot present its final position concerning this recommendation; the justifiability of signing and ratifying the Protocol to the Covenant on Economic, Social and Cultural Rights will be subject to a future review.

Accepted and implemented. The patient’s right to file an objection to a medical doctor’s opinion or certificate is the principal measure introduced to the Polish legal system with a view to implementing the judgements.