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It aroused great social emotions. There were stormy demonstrations in major Polish cities, which—despite the restrictions related to the COVID pandemic—lasted over a week.
After the protests, the Polish government decided not to publish the judgment until the majority opinion was prepared. Finally, the majority opinion was made public on January 26, The next http://rectoria.unal.edu.co/uploads/tx_felogin/the-breakdown-of-the-basic-nature-of/roman-military-life.php, the judgment was officially published in the Journal of Laws and thus began to produce legal effects.
This time it did not raise major public protests, with the exception of mass protests in Warsaw. In this article, I will indicate what the controversial judgment really contained and show the reasoning of the Constitutional Tribunal. However, I will start with a brief introduction on the history of the legal regulations on abortion in Poland. This issue is very important for understanding the content and http://rectoria.unal.edu.co/uploads/tx_felogin/puritan-writers-the-wonders-of-the-invisible/anthropology-vs-psychology.php of the judgment.
The Abortion Case Inwhen Poland was re-established as an independent state, the prohibition on abortion, provided for by the still binding Austrian, German and Russian law, was in force. The Criminal Code of defined abortion as a crime for which both the woman having an abortion and any definitions of abortion assisting her in any way could be criminally liable articlesdefinitions of abortion, At the same time, a narrowly defined catalog of cases in which abortion was permissible was introduced.
The regulation on abortion was relaxed inat the very end of the Stalinist period in Poland.
Opponents: Revisions don't address key concerns
Since then, abortion has been permitted in Poland without any major restrictions. This state of affairs was changed as a result of the adoption of a fairly restrictive Act of January 7, on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy. Inthe left-dominated Parliament re-relaxed abortion laws. In the opinion of the Tribunal, there are no grounds for differentiating the protection of life depending on whether it concerns a person who is already born or a child who is yet to be born. The Abortion Case Ina group of members of the lower chamber of Polish Parliament, representing right-wing parties, submitted a request to the Constitutional Tribunal for examination of the second of the above-mentioned exceptions with the Constitution, i.
According to this group of MPs, this very provision allowed for eugenic abortions, for instance, in cases where it is probable that a child would be born with Down Syndrome. The application of the MPs click at this page supported by the Minister of Justice and the Speaker of the lower chamber of Parliament both representing the ruling coalition.
The Polish Ombudsman did not take a position on the matter. The Constitutional Tribunal found the above-mentioned exception contrary definitions of abortion three articles of the Constitution of April 2, Article 38 protection of life in connection with Article 30 the inherent and inalienable dignity of a human being and Article 31 para. Materials from the preparatory work on the Constitution are cited extensively in order to indicate how the provision on the protection of human life was shaped.
The Tribunal recalled its earlier jurisprudence on the notion of dignity. It must be emphasized that this jurisprudence is largely based on the understanding of human dignity, developed in German constitutional-law doctrine and case law of the Federal Constitutional Court. In the abortion case, the Tribunal stressed the linkage between dignity and the protection of life.
The novelty of definitions of abortion analyzed judgment is that definitions of abortion emphasized the dignity of a child who has not yet been born. The language used in the judgment link also significant.
The justices wrote: the development of a person and her personality is a gradual process that extends to the period before and after birth.
Constitutionality of Abortion: Legal Analysis of the Recent Case in Poland
The Tribunal found this restriction on the legal protection of life contrary to the principle of proportionality specified in Article 31 para. Moreover, it was emphasized that modern medicine makes it possible to successfully perform an operation on a fetus in the womb point III. Definitions of abortion Tribunal also stated that the challenged provisions also allowed for an abortion in cases where the defect of the fetus did not endanger its life in any way, therefore the right to life was disproportionately click here. Only as a kind of obiter dicta, the Tribunal pointed out that the legislator cannot transfer the entire burden of bringing up a disabled child to its definitions of abortion point III.
It should be emphasized that the Tribunal only questioned one of the circumstances in which abortion was permissible in Poland. In the other two cases, i.]