22th October, the Constitutional Tribunal in Poland in 11:2 decision ruled that disability-selective abortions, which make up almost all terminations in the country, are unconstitutional. From now abortion remains legal only in cases of incest, rape, and when mother’s health or life is at risk.
According to the article 38 of the Constitution “The Republic of Poland provides every human with the legal protection of life”. The Tribunal ruled that eugenic abortion is incompatible with this provision as it excludes preborn babies with disabilities. “The obligation to provide every human being with the legal protection of life rests with all public authorities, in particular with the legislator” – the judges said.
The ruling also stressed that “human life is a value at every stage of development and, as a value derived from constitutional provisions, it should be protected by the legislator not only in the form of provisions guaranteeing human survival as a purely biological entity, but also as a whole being, for whose existence it is also necessary to have appropriate social, living and cultural conditions that make up the entire existence of an individual.” That might be interpreted as a calling to the governmental entities to ensure appropriate conditions for persons with disabilities and providing them with the care they need.
The verdict provoked intensive protests, thousands of people were marching and blocking the streets despite the Covid-19 pandemic and official decrees that all the gatherings are limited to 5 persons. Some Masses were interrupted by protesters holding pro-abortion posters or shouting, although, it must be admitted, that there are many others do not support such a behavior and advise to focus the anger rather on government, as it is strongly connected with the Constitutional Tribunal, not on the Catholic Church.
The discussion has become extremely emotional on both sides which is understandable, although it often distracts attention from objective facts. Firstly, abortion is not a humanitarian option and in case of baby’s illness or disability it is performed often in the 2nd trimester when he or she is exposed on extreme suffering. 40% of abortions in Poland concerned children with Down Syndrome. However, 99% of individuals with Down Syndrome report being happy with their lives.[1] There are also babies with lethal diagnosis, who, together with their parents, should be offered all possible support. The current assistance seems, unfortunately, far from enough.
Being frightened or angry in the face of suffering is a natural human reaction. No one can be guaranteed “safe” existence. A child or an adult might have an accident or become seriously ill, but it doesn’t justify depriving them of the right to life, even if they would be perceived as a burden to the others.
That said, it must be emphasized that law doesn’t constitute a perfect solution for all the problems and having nice-looking statistics shouldn’t make us feel as if everything was all right. “Pro-life”, contrary to what the media says, doesn’t equal only “pro birth” and requires us to make significant efforts to show that we “love them both” – a mother and her child. In Poland, it is the Catholic Church, who is in charge of many centers for women in crisis and foundations which help them, but responsibility to take concrete actions lies with each of us individually. I once heard, from someone very clever, that science has already proven that pre-born babies are human beings, but the “other side” needs to see that pro lifers are “humans” in the sense of empathy, readiness to help, sometimes simply the presence. I know that many wonderful people already do everything they can, often sacrificially. However, there is still a lot to be done.
[1] Brian G. Skotko, Susan P. Levine, Richard Goldstein. Self-perceptions from People with Down Syndrome Am J Med Genet A. PMC 2013 Aug 11.
About The Contributor
