Prosecutors throughout Poland are receiving guidelines on abortion. The intention is to gradually move away from punishing those who help terminate a pregnancy. After the government lacked a majority within its own circle to pass a law regulating this, a “temporary” solution became necessary.
– The prosecutor's office is supposed to prosecute criminals, not gynaecologists – emphasizes Jan Grabiec, head of the Chancellery of the Prime Minister. This is what the guidelines for the prosecutor's office in proceedings concerning refusal to terminate a pregnancy are supposed to serve.
– Women who, even in the case of a natural miscarriage, had to reckon with the fact that someone would try to gather evidence that they had committed a crime. This, of course, was only the result of an ideological decision by the ruling party. It had nothing to do with the law – comments Jan Grabiec.
Therefore, the Prosecutor General appointed a special team to develop guidelines for prosecutors.
What does the prosecutor's office propose?
After analyzing almost 600 cases, the team determined that the prosecutor's office most often refused to initiate cases, but there were also cases where the court imposed penalties for aiding a woman in an abortion on her closest relatives, most often community service. The prosecutor's office now recommends that every time medical personnel refuse to perform a legal abortion, preparatory proceedings be implemented.
– These guidelines are intended to be an indication of the methodology that should be used by prosecutors handling this category of cases, what circumstances should be taken into account, what evidence should be obtained in order to make a correct criminal and legal assessment – says Anna Adamiak from the National Prosecutor's Office.
In previous years, the current government has been bending the law to create a chilling effect. And it has worked for some doctors. The guidelines from the Attorney General are meant to change that.
– Women will be safe and doctors will be able to feel safe, that's why these guidelines are in place so that the prosecutor's office and the police know what to do in such situations, and women in hospitals only need help, not oppression from the state, and doctors will be the same – announces MEP Dariusz Joński of the Civic Coalition.
Politicians from the Civic Coalition admit that this is a substitute, non-statutory solution, which, after the failure to introduce a law decriminalizing assistance in terminating pregnancy, is intended to increase women's sense of security.
– Our task is to protect women from threats to their lives and this is such a situation – says Robert Kropiwnicki, deputy minister of state assets from the Civic Coalition.
The atmosphere around the project is full of mutual complaints and blaming the coalition partners.
The extraordinary committee for bills on termination of pregnancy will resume its work after the summer holidays and will once again deal with the bill on decriminalizing assistance in abortion.
– I believe that some MPs have not read this project, because if I hear that it is legal abortion up to the 24th week, then someone clearly has not read or seen this project, has not read it, has not read it, there is no mention of legalizing abortion there at all. This is only a matter of decriminalization – indicates Ewa Szymanowska, MP of Poland 2050-Trzejcie Droga.
– Just as I was against it the first time, I will be against it the second time. I do not recognize any softening and exerting pressure through shouting in the street – says Urszula Nowogórska, MP of the Polish People's Party-Third Way.
There are more conservative voices in the Polish People's Party, which is why the atmosphere around the project is full of emotions, mutual complaints and blaming the coalition partners.
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– (We appeal – editor's note) not to hide behind political opinions, ideology, but to focus on the fact that in the end it is about our health, our lives, our safety and when we talk about solutions that are so badly needed, we must remember the women who unfortunately lost their lives – appeals Aleksandra Gajewska, Deputy Minister of Family, Labor and Social Policy from the Civic Coalition.
There are also three bills liberalizing abortion law in the parliamentary committee, and the Polish People's Party wants to work on these bills, primarily its own.
– The most widely acceptable project by representatives of various political parties is probably ours. And I am aware that it is not a perfect project – says Urszula Nowogórska.
– We will convince, the committee will be a place where PSL will also be able to submit its amendments and comments on decriminalization – comments Monika Rosa, MP of the Civic Coalition.
The Left, the Civic Coalition and Poland 2050 are still trying to convince the Polish People's Party, counting on at least four votes that will help adopt the bill to decriminalize assisting in abortion.
– If you have a problem, we will help, if you have a dilemma, go to your daughter, go to your granddaughter, talk to them, think about it. We do not expect much, abstaining from voting is also a way of manifesting one's view – points out the Left MP Tomasz Trela.
The draft guidelines for prosecutors were submitted to the National Council of Prosecutors at the Prosecutor General for urgent comment.
Main image source: TVN24