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Abortion. The situation of pregnant women and the judgment of the Constitutional Tribunal. Announcement of the Ministry of Health. The lawyer comments

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Kamila Ferenc, a lawyer from the Federation for Women and Family Planning, commented on TVN24 on the announcement of the Ministry of Health, which was issued after the death of a 30-year-old pregnant woman in a hospital in Pszczyna. She stated that she was waiting for “a similar declaration from the minister of justice, who would assure doctors that they would not be prosecuted if they just terminated pregnancies, which save the health and lives of patients”.

On Saturday, in several dozen Polish cities, but also incl. in Berlin, there were demonstrations after the death of a pregnant 30-year-old Iza. The woman died in a hospital in Pszczyna after doctors had to wait for the fetus to die. This case was described on October 29 by legal counsel Jolanta Budzowska, representative of the deceased family. She wrote that it was a consequence of last year’s judgment of the Constitutional Tribunal, chaired by Julia Przyłębska, which tightened the abortion law. The prosecutor’s office deals with the case.

On the demonstration banners there were words such as “It could have been me” or “We will not give birth to baptize and bury”.

A protest under the slogan “Not one more” in WrocławPAP / Sebastian Borowski

On Sunday morning The Ministry of Health published a communiqué, in which it informed that in the event of a threat to the life or health of a woman, immediate termination of pregnancy is lawful. “These are disjoint premises and the occurrence of only one of them is enough for a doctor to react” – indicated the ministry.

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Lawyer: Such guidelines are not enough for three reasons

Lawyer Kamila Ferenc, deputy director for programming of the Federation for Women and Family Planning, referred to its content in the morning “Get up and weekend” on TVN24.

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As she said, “such guidelines are not enough for three reasons.” – First of all, the minister mentions that in a situation similar to Ms Iza, doctors should not be afraid to make obvious decisions, but should also pay attention to what is in this provision, which results from its essence – she said. She emphasized that “action should also be taken in the event of an indirect threat to health or life, that is, when this threat is not yet materialized”. “There is no cessation of heartbeat, no spread of infection, but it can happen if no emergency measures are performed here and now, including an abortion,” Ferenc pointed out.

– Secondly, I am waiting for similar declarations from the minister of justice and the prosecutor general (Zbigniew – ed.) Ziobra, who will assure doctors that they will not be prosecuted, they will not be charged if they terminate pregnancies, which save the health and lives of patients, including mental health, she emphasized. – We need a message for doctors that nothing bad awaits them from the prosecutor’s office – she added.

“All these guidelines can be a temporary solution”

According to the lawyer, “the third aspect of the whole case is that all these guidelines can be a temporary solution.” – In fact, the problem in Poland today, why doctors do not terminate pregnancy when it is supposed to save health and life, is the generally restrictive abortion law that has been in force for 30 years – she said. Ferenc said the law stipulated that “abortion is a crime, something wrong, and can only be performed in exceptional circumstances.”

Protest under the slogan “Not one more” in front of the headquarters of the Ministry of HealthPAP / Leszek Szymański

– And if there are exceptions, in practice they are implemented narrowly, very rarely. I do not want to reach for them, because we have criminal provisions in the Penal Code, which provide for liability and third party liability for exceeding these exceptions – she added.

Main photo source: PAP / Sebastian Borowski



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