Threat to a Woman’s Life or Health as a Premise for Termination of Pregnancy in the Light of Constitutional and Statutory Provisions in Force in Poland
- Institution: University of Rzeszów
- ORCID: https://orcid.org/0000-0003-3362-7363
- Year of publication: 2021
- Source: Show
- Pages: 383-394
- DOI Address: https://doi.org/10.15804/ppk.2021.06.30
- PDF: ppk/64/ppk6430.pdf
The right to the protection of life and health is one of the fundamental human rights. Therefore, it cannot be restricted on the basis of gender, especially when we are dealing with a pregnant woman. Meanwhile, in Poland, since the 1990s, there has been a process of limiting access to legal abortion. Democratically elected authorities have the right to shape the legal system in this area as well, however, by virtue of a ruling of the Polish Constitutional Tribunal in 2020, abortion has been outlawed in cases where pregnancy threatens a woman’s life or health. The number of cases where doctors refuse to help pregnant women is increasing, and there is even a loss of a woman’s life as a result of doctors’ passivity. In these circumstances, it is necessary to analyse the regulations in force in Poland and determine what is currently the scope of a woman’s rights, what is the scope of a doctor’s duties, and whether the regulations do not excessively hinder access to legal abortion.