Swaziland >> Poland, Recommendation, 41st session, November 2022

Article 23(1)(a) of the Convention deals with the recognition of the right of all persons with disabilities who are of the right age to marry to do so and to start a family, on the basis of consent given freely and fully by the spouses to be. Pursuant to Article 46 of the Convention, the Republic of Poland reserves the right not to apply Article 23(1)(a) of the Convention until Polish law is amended. Until the reservation is withdrawn, a person with a disability whose disability is the result of mental illness or deficiency and who is of the right age to marry cannot marry unless the court permits marriage upon determining that the health condition or mental condition of such a person does not endanger the marriage or the health of the expected progeny, if the person is not completely legally incapacitated. This is the consequence of Article 12(1) of the Act of 25 February 1964 — Family and Guardianship Code (uniform text: Journal of Laws of 2020, item 1359). Additionally, Poland has submitted a reservation against Article 23(1)(b) and Article 25(a). The reason for the reservation is that the right to health is sometimes interpreted on the international level as an unconditional right to abortion. In order to avoid pressure to amend the provisions governing the conditions for the termination of pregnancy, Poland submitted a reservation whereby it reserves its freedom to decide upon the conditions for the permissibility of abortion.