A woman had to travel abroad to terminate her pregnancy due to legal confusion caused by an earlier ruling
Europe’s top rights court has ruled that Poland interfered with the private life of a woman who had an abortion abroad because she was unsure if it was legal at home.
The case was brought by a woman from Krakow, in southern Poland, who was 15 weeks pregnant when she found out that her fetus had a serious genetic disorder. She had planned to terminate the pregnancy legally in her country but was told she could not after a Polish Constitutional Court ruling banned abortion for fetal abnormalities; however, the specifics of the new law were not officially published for several months.
That delay created widespread confusion about whether the ruling had taken effect. The woman had to travel to the Netherlands to obtain a legal abortion.
“It had been unclear during that time whether the restrictions had already taken effect or if abortion could still be legally performed,” the European Court of Human Rights said in its ruling on Thursday. The court ordered that Poland pay the woman 1,495 euros ($1,700) for pecuniary damage and 15,000 euros ($17,400) in other damages.
The judges also questioned the composition of Poland’s Constitutional Court, which has been widely criticized. The European Commission and opposition parties have said the court’s makeup was influenced by the ruling Law and Justice (PiS) party.
Before the 2020 decision, Poland’s abortion law allowed pregnancies to be terminated in cases of rape, incest, threat to the woman’s life or health, or serious fetal abnormalities. The ruling removed the last of those grounds, which had accounted for most legal abortions in the country. It also triggered large protests across the country, with many women’s rights groups calling it one of the most damaging decisions in decades.
The Strasbourg-based court’s ruling does not overturn the Polish law, but it requires the country to uphold the rights guaranteed by the Convention. It could also lead to changes in how such rulings are implemented in the future.
