In January, a special parliamentary committee will consider a project on partial decriminalization of abortion. Its chairman, Dorota Ĺoboda from KO, said that in accordance with the coalition agreements, the provision on no criminal record for terminating someone else's pregnancy will be removed from the project. The Commission will also consider the Third Way proposal, which assumes a return to the regulations from before the Constitutional Tribunal's judgment in 2020.
In November, the Sejm sent a parliamentary draft amendment to the Penal Code to the Extraordinary Committee to consider draft laws regarding the right to terminate pregnancy.. The amendment assumes partial decriminalization of termination of pregnancy with the consent of the woman and decriminalization of assistance in independent abortion. This is the same project that did not obtain a majority in the Sejm last July. Parliamentarians voted for the changes KO (apart from Roman Giertychwho did not vote at all) LeftPoland 2050. There was no support from PSL, whose MPs voted mostly as PIS and Confederation – against decriminalization.
The project will be considered in January by the extraordinary parliamentary committee for consideration of abortion projects. As the chairwoman of the committee, Dorota Ĺoboda, said, as part of the coalition arrangements, the provision on no criminal record for terminating someone else's pregnancy will most likely be removed from the bill.
This concerns the provision introduced into the bill during previous work in the Sejm: “Whoever terminates her pregnancy with the woman's consent, except in the cases specified in the Act, if more than 12 weeks have passed since the beginning of the pregnancy, shall be subject to the penalty of restriction of liberty or imprisonment for up to 5 years.” Some members of the People's Party criticized it, considering it an attempt to introduce abortion up to the 12th week of pregnancy through the “back door”.
– Until now, the Penal Code stated that terminating someone else's pregnancy is punishable and we will stay that way – said Ĺoboda.
“Only immunity from punishment for assistance in abortion” in the draft bill
Art. 152 Penal Code par. 1 states that the termination of pregnancy with the consent of the woman in violation of the provisions of the Act of 1993 on family planning, protection of the human fetus and conditions of admissibility of termination of pregnancy is punishable by imprisonment for up to 3 years.
Ĺoboda emphasized that the bill would only provide for immunity from punishment for assisting in abortion. Currently, a person who helps or induces the termination of a pregnancy is punishable by imprisonment for up to 3 years.
During the January meeting, the committee will also consider the proposal Third Wayaimed at restoring the legal status before the judgment TKi.e. restoring the grounds for termination of pregnancy in the event of the likelihood of a serious fetal defect. PSL is to make a few corrections to the project after comments Ministry of Healthhowever, they will not change the essence of the solutions.
Both bills may be submitted to the plenary session of the Sejm in February. Removing the criminal record for terminating someone else's pregnancy and taking up the TD project is the result of agreements between the coalition partners.
“We are fighting for individual votes”
When asked whether such a compromise would mean support for the PSL-TD club, Ĺoboda recalled that the People's Party has no discipline in voting on projects related to ideological issues. – We are fighting for individual votes. The support of the entire PSL is not necessary to pass these regulations, said the KO MP.
At the same time, she emphasized that regardless of which abortion projects come into force, there is no consent to hold a referendum on abortion. Ĺoboda also emphasized that after the change in the position of president, as head of the commission, she would continue to fight for the remaining abortion projects – KO and the Left regarding legal abortion up to the 12th week of pregnancy.
Abortion in Poland after the Constitutional Tribunal's judgment in 2020
According to applicable law, termination of pregnancy is possible in Poland in two cases: when it poses a threat to the woman's life or health (there are no restrictions regarding the age of the fetus) or when it is the result of a prohibited act (up to the 12th week of pregnancy).
Performing an abortion due to severe and irreversible fetal impairment or an incurable disease that threatens its life has been impossible since January 2021, when the judgment of the Constitutional Tribunal was published. The Constitutional Tribunal found this premise unconstitutional, which resulted in a wave of protests throughout the country.
According to research published by the Public Opinion Research Center, most Poles answered in the affirmative when asked “Do you think that termination of pregnancy should be permitted by law when it is known that the child will be born with a disability?” 36 percent – “definitely yes”, and another 26 percent – “I guess so.”
More restrictive abortion laws apply only in Europe Malta.
Main photo source: PAP