“It is now virtually impossible to legally terminate a pregnancy, since the politically serving Constitutional Court ruled in 2020 that one of the preconditions for abortion is unconstitutional: to be precise, the suspicion of severe fetal defects. Doctors are now afraid to terminate pregnancies for other reasons provided for in the law. As a result, there have been several high-profile deaths of women with complicated pregnancies who did not receive appropriate medical care”. Thus, Maria Boratyńska, Professor of Health Law and secretary of the Bioethics Committee of the Polish Academy of Sciences, commented to TrendSanità in April on the Polish situation on abortion.
Months later, the situation suffered a further collapse. Last July, the liberal Tusk government saw its attempt to decriminalise abortion in Poland founder: the proposal was rejected by parliament with 218 votes against, marking a significant setback for women’s rights in the country.
Although abortion remains one of the most divisive issues in Poland, in vitro fertilisation (IVF) also continues to cause controversy, despite being widely accepted by most of the population. Currently, IVF is accessible almost exclusively through private facilities, making it effectively inaccessible to many couples. Only for a short period, from 2013 to 2016, was public funding provided for this practice.
The opposition of the Catholic Church, combined with the conservatism of some fringes of Polish politics, continues to label IVF as an immoral practice, considering it incompatible with Catholic bioethical principles. Unsubstantiated accusations, such as that of ‘embryo murder’, further fuel disinformation, polluting public debate and perpetuating the social stigma against those who resort to it.
Next 18 May, Poland will return to the polls for presidential elections an appointment that could mark a historic turning point for liberal leader Donald Tusk. Although the president’s role is largely symbolic, he has the power to veto new bills, significantly influencing the country’s political landscape.
In such a precarious context, amid political and social tensions, comes the book: Reproductive Justice in Poland: Legal Challenges and Societal Impacts by Professor Boratyńska, a text that is needed now more than ever. It is not just an analysis of reproductive policies in the country, but an invitation to reflect on the impact of ideologies, and politics, on people’s own lives.
With extreme clarity, Professor Boratyńska takes us through a world in which reproductive health is continually undermined by false beliefs and ideologies that should be consigned to the past. A world in which fundamental rights, particularly those of women, are systematically eroded and trampled upon.
A book designed not only for experts in health law and policy, but for anyone who wants to delve into the complex issues surrounding rights, their rights. A work that reminds us that reproductive rights should not be a privilege reserved for the few, nor the exclusive prerogative of a political party, but a fundamental component of individual freedom and social justice, essential pillars of a truly civilised country.
