Poland-27th Session May 2017-Abortion

Para 39) The Act of 7 January 1993 on Family Planning, Protection of the Human Foetus and Conditions for the Lawful Termination of Pregnancy recognizes everyone’s right to make responsible decisions about having children, as well as the right to information, education, advice and means to enable the exercise of this right. In line with Article 4a(1) of the aforementioned act, in the wording following the entry into force of the Constitutional Court’s judgment of 22 October 2020, the termination of pregnancy may be performed only by a physician in a case when: (a) the pregnancy poses a threat to the life or health of the pregnant woman; or (b) there is a justified suspicion that the pregnancy results from a criminal act. In accordance with the act, persons covered by social insurance and persons eligible for unpaid healthcare under separate provisions are eligible for the termination of pregnancy in health-care establishments free of charge. Para 40) The effective legal remedy for women denied an abortion is the patient’s right to object to the physician’s opinion or decision, introduced to Polish legal system by the Act of 6 November 2008 on the Patient’s Rights and on the Commissioner for Patient’s Rights. Para 41) The right to object to the physician’s opinion or decision was introduced into Polish legal system in order to comply with the judgment of the European Court of Human Rights in Tysiąc v. Poland. Para 42) Besides the right to object, a pregnant woman denied a procedure which she is eligible to receive may also contact the Commissioner for Patient’s Rights in that matter; if the information provided at least establishes the probability that the patient’s rights have been infringed, the Commissioner may commence an inquiry.