On The Admissibility of The Legal Termination of Pregnancy: A Study of Recent Approaches in Poland

Abstract

This paper examines the phenomenon of abortion through a legal perspective, while simultaneously adhering to philosophical approaches. The analysis is framed within the context of the inception of human life and the correlation between the protection of concurring fundamental rights, namely the rights to life and personal autonomy (freedom). The evolutionary approach highlighted in this study confirms the hypothesis that the issue of abortion in the Polish legal system has taken a different path when compared to other European countries. This is a peculiar route, as the trends have remained closely linked to political change. The distinctiveness lies in the fact that while in other European countries, the 1990s were associated with pro-choice trends, the opposite, namely the pro-life trend, prevailed in Poland. Thus, starting with the interwar period, with the exception of a brief liberalizing episode in 1996, the Polish legal treatment of abortion can be considered conservative-liberal (abortion compromise). It followed an indication model, covering legal, medical and eugenic considerations. In this paper, the key point concerns a judgment of the Polish Constitutional Court, dated 22 October 2020, which shifted the system to a fully conservative track. In the authors’ opinion, at this point, another evolutionary milestone is about to take place. Whereas the path of conservative change remains unfinished, social resistance to this trend is substantial. Another clash between pro-life and pro-abortion options in the field of further potential changes concerning abortion law is expected.