These restrictive laws have forced many women to carry unwanted pregnancies to term, travel abroad to obtain legal abortions, or undergo unsafe private procedures, according to information from the UN Human Rights Office (OHCHR).
The report of the UN Committee on the Elimination of Discrimination against Women (CEDAW) published on Monday found that most abortions in Poland are performed illegally and in unsafe conditions. It is illegal to assist women in obtaining an abortion, apart from minimal legal exceptions, and services are often inaccessible.
CEDAW members are appointed by the UN Human Rights Council in Geneva.
The commission’s vice-chair, Genoveva Tisheva, said: “The situation in Poland is a situation of gender-based violence against women and may amount to torture or cruel, inhuman or degrading treatment..”
Limited rights
Two years ago, Ms Tisheva visited Poland to conduct a confidential investigation into the violation of women’s rights following allegations made by civil society organisations.
The CEDAW Committee concluded that Poland’s “already restrictive legal framework” had some “serious implementation shortcomings”, including that doctors were reluctant to perform abortions for fear of criminal liability or on moral or religious grounds, making it difficult for women to access safe abortion services.
The committee highlighted the significant challenges women face in accessing abortion services, particularly when pregnancies result from criminal activity, due to a “complex and victim-unfriendly bureaucratic process”. These challenges are further exacerbated by strong anti-abortion lobby groups, threats and the stigmatisation of those who provide assistance.
“These factors together create a complex, hostile and chilling environment in which access to safe abortion is stigmatized and virtually impossible,” said Ms. Tisheva.
Conclusion and recommendations
The CEDAW Committee concluded that Poland’s restrictive abortion laws endanger the health and life of women and cause mental and physical suffering, which is a violation of women’s gender rights.
These restrictive laws can also be considered as ‘torture or cruel, inhuman or degrading treatment’.
Vice-President Tisheva said: “The mental anguish of women was further compounded when they were forced to carry a non-viable fetus, a situation that has worsened since a 2020 Constitutional Court ruling banned abortion even in cases of fatal fetal abnormalities.”
This ruling would make abortion illegal except in cases where a pregnant woman’s life is in danger or in cases of sexual abuse.
Some of CEDAW’s recommendations to Poland include recognizing abortion as a fundamental human right and adopting a human rights-based approach to sexual and reproductive health in general – in particular through legal reforms “towards full decriminalization and legalization of abortion,” according to the press release from the UN human rights office OHCHR.
