CIVICUS discusses recent setbacks for reproductive rights in Poland with Antonina Lewandowska, national advocacy coordinator at the Foundation for Women and Family Planning (FEDERA). Founded in 1991, FEDERA focuses on improving access to abortion and contraception, combating gynaecological violence and providing support and information on sexual and reproductive health and rights. FEDERA also does national and international advocacy, including with the European Union and United Nations.
Polish lawmakers recently rejected a bill that would have decriminalised abortion assistance. The bill sought to relax abortion laws, including by allowing abortion pills to be sent from abroad for medical abortions, but was narrowly defeated by 218 votes to 215. Poland currently has some of the strictest abortion laws in Europe, allowing the procedure only in cases of rape, incest or danger to the life of a pregnant person. The ruling coalition that came to power in December 2023 has pledged to reform these laws but faces opposition from conservative and nationalist groups.
What obstacles do women face in getting an abortion in Poland?
There’s a widespread belief that abortion is completely illegal in Poland, but this isn’t entirely true. While a woman can terminate her pregnancy up to 22 weeks without facing any legal consequences, all forms of assistance in obtaining an abortion are criminalised. This includes providing money for pills, giving pills and driving a woman to a clinic abroad. Anyone who helps can be prosecuted.
Because of these restrictions, many women in Poland get abortions outside the official medical system. Most abortions are performed at home following World Health Organization guidance, or in clinics abroad. As abortion rights activists we do our best to educate the public and ensure people having at-home abortions know how to do so safely, but there are surely cases of women risking their health due to lack of knowledge. There are also some doctors who perform abortions illegally, but this is kept very secret because of the legal risks.
Despite the strict laws, abortion is a reality for many Polish women. Studies show that a significant proportion of Polish women will have at least one abortion in their lifetime, in line with global trends. The unclear legal framework and inconsistent enforcement, coupled with the stigma surrounding abortion, create significant hardship for women, who are often mistreated by the system even though they haven’t broken any laws.
What was the aim of the recently rejected abortion bill?
The defeated bill aimed to decriminalise abortion assistance, ensuring that people wouldn’t face jail time for helping someone obtain abortion pills or providing other related assistance. If passed, the bill would have greatly reduced the challenges faced by women seeking abortions.
The bill was reintroduced several times after a restrictive ruling by the Constitutional Tribunal, and the latest attempt fell three votes short of passing, preventing it advancing to a second reading in parliament’s lower house. It faced significant opposition from the former ruling Law and Justice party and far-right groups, but also from within the current governing coalition. Despite support from several parties, opposition from more conservative members led to its failure. This outcome caused a sense of betrayal among women who had hoped for better protection of their reproductive rights, and public outrage that sparked protests. Another bill aiming to decriminalise abortion has already been filed during a parliamentary sitting following the vote. It is expected to be discussed in September at the earliest.
Is this part of a wider trend of regression in women’s rights?
Being a woman has always been challenging in Poland. Under the Law and Justice party, in power from 2015 to 2023, it became an extremely difficult experience. Many people chose not to have children out of fear, as several women died in hospitals because of extremely restrictive abortion laws and the prosecutions that followed. This created a climate where even getting pregnant was considered too risky.
But the current government is taking promising steps. For example, the state-funded IVF programme, which had been cancelled by Law and Justice, has now been reinstated. There has also been progress on legislative issues, such as a recent petition to change the legal definition of rape to make it more survivor centred. The bill for this has been approved by parliament and now we await the president’s decision to either enact or veto the proposed change.
The Minister of Health, a woman, is working hard to improve access to contraception. While under the old system emergency contraception required a prescription, the new government attempted to make the pill available over the counter. A bill to that effect passed a parliamentary vote but was eventually vetoed by the president, who used to be a member of Law and Justice before winning re-election in 2020. The Minister of Health then drafted a backup plan so that currently it is not necessary to visit a doctor’s office to get the pill, as pharmacists are allowed to write prescriptions directly. This is not a nationwide solution and still has limitations, but it’s a step forward.
So the rejection of the abortion bill doesn’t necessarily indicate a wider regression on all aspects of women’s rights. However, the government’s reluctance to reform abortion laws, despite progress in other areas, reflects persistent anti-abortion sentiments among politicians.
What are the main demands of the Polish feminist movement?
The Polish feminist movement has several key demands, which focus primarily on improving sexual and reproductive health. The first priority is to ensure free, legal and accessible abortion services. There is also an urgent need to improve access to contraception, as Poland currently has some of the worst access in Europe, behind even countries like Belarus and Russia.
Another key demand is for comprehensive, ideologically neutral sex education to be made compulsory in schools. The legal definition of rape also needs to be updated to better protect survivors; the bill is a promising development here. Improvements in prenatal testing and obstetric care are also needed, as well as progress on longstanding issues highlighted by international bodies such as the European Court of Human Rights.
To make meaningful progress, the government should deliver on its election promises and ensure coalition partners are committed to these goals. It’s vital to update the training of medical professionals, particularly in abortion procedures, to address the wider impact of restrictive anti-abortion laws on health and social services. It’s essential to address these issues holistically to advance women’s rights and improve overall societal wellbeing, as restrictive laws affect not only individual autonomy, but the health and quality of life of all.
Civic space in Poland is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with FEDERA through its website or Instagram page, and follow @FEDERApl on Twitter.