Abortion restrictions cause revolution in Poland
On Oct. 22, the Polish constitutional tribunal passed a law banning nearly all abortions. Despite the fact that Poland has some of the most restrictive access to abortion in Europe, the tribunal voted to add yet another limitation: the termination of pregnancy, even when the fetus has been diagnosed with severe, irreversible, life-threatening defects, is unconstitutional. Mostly women took to the streets in the largest protests since the fall of the communist government in the 1980s. Dubbed the “Women’s Strike,” thousands of women were also joined by thousands of men, marching together in defiance of the ban on meetings of more than five people due to the recent uptick in coronavirus cases across Europe. Days of protesting — with a peak of 430,000 protestors in 400 different protests across the country — came to a head in Warsaw on Oct. 30 with over 100,000 demonstrators.
Deputy Prime Minister Jarosław Kaczyński, leader of the right-wing Law and Justice (PiS) party — and by most accounts, the de facto leader of Poland — claimed these protests “destroy Poland and end the history of the Polish nation.” In addition, universities suspected of encouraging protests (usually via canceling classes to allow students to attend rallies) have been threatened with the loss of funding and politicians who enabled or sympathized with the movement were labeled as criminals.
This new proposed legislation is viewed by many as being a further restriction of Polish citizens’ civil rights under the PiS party. In a historically very Catholic country, where 35 million out of the 38 million people — over 92% — in Poland identify as Roman Catholic, the perceived attacks on the clergy have been a major point of fearmongering on behalf of the PiS party. Because the Catholic Church traditionally favors more conservative legislation, many baptized Catholics are turning their frustration towards the church.
Critics of Kaczyński say his statements regarding the proposed legislation and the protestors’ criticism — though only by association — on Roman Catholicism have elicited the formation of a self-appointed national guard by nationalist leaders. Mainly young men, armed and wearing all black, have stood regularly and vigilantly outside churches and cathedrals throughout the country. There have been a few reported incidents of confrontations during the week in Warsaw, but claims vary as to how many people were arrested on Oct. 30. However, the spokesman for the Warsaw Police Department released a statement clarifying that all violent clashes with protestors on Oct. 30 were instigated by a few “soccer hooligans,” and the protest was incredibly peaceful considering how many people were present.
Polish President Andrzej Duda has since offered a slight compromise, proposing an amendment to the law so that pregnancy termination due to diagnosed lethal defects of the fetus is legal. That said, according to the New York Times, “the decision on abortion by Poland’s top court cannot be appealed, but since the opinion has yet to be published it is not yet technically legally binding.” The decision violated its deadline and still has not been published.
In comparison, in the United States, Roe v. Wade legalized abortion but 43 out of the 50 states offer varying levels of restrictions. For instance, Utah requires that:
- A patient must receive state-directed counseling that includes information designed to discourage the patient from having an abortion, and then wait 72 hours before the procedure is provided. Counseling must be provided in person and must take place at any medical facility before the waiting period begins, thereby necessitating two trips to the facility.
- Private insurance policies cover abortion only in cases of life endangerment, rape, incest or if the woman’s health is severely compromised or in cases of fetal impairment.
- Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment or severely compromised physical health, or in cases of fetal impairment, rape or incest.
- Abortion is covered in insurance policies for public employees only in cases of life endangerment or severely compromised health, fetal impairment, rape or incest.
- The parent of a minor must consent and be notified before an abortion is provided.
- Public funding is available for abortion only in cases of life endangerment, rape, incest or when the procedure is necessary to prevent long-lasting damage to the patient’s physical health.
- An abortion may be performed at or after viability only in cases of life endangerment, severely compromised health, rape, incest or lethal fetal anomaly.
- The state requires abortion clinics to meet unnecessary and burdensome standards related to their physical plant, equipment and staffing.
As of this year, Utah joined nine other states in passing a “Trigger Law”: legislation indicating that most abortions would immediately become illegal if Roe v. Wade were to be overturned by the Supreme Court. Among other things, this would allow any woman or doctor who elected to terminate a pregnancy to be convicted of a felony.
In addition, two more proposals have been presented for approval in the Utah legislature. The first is the requirement for abortion clinics to dispose of fetal remains only through burial or cremation. Supporters say it prevents fetal tissue from ending up in landfills and promises more dignity, while opponents say it places undue stress on abortion clinics.
The second is the requirement that every woman be shown an ultrasound before she is allowed to terminate her pregnancy. This measure was passed by the Utah Senate earlier this year, but after a walkout staged by all six of the female senators, Governor Gary Herbert said the proposal should be reconsidered.
There are similarities between Utah’s relatively restrictive abortion legislation and that of Poland’s. In a state where women make up roughly 47% of the population, women make up less than 25% of elected government officials, according to the Associated Press. This proposed legislation is likely to only further restrict already highly restricted access to safe terminations of pregnancy.
It remains to be seen exactly what effects these protests in Poland will ultimately have. Utah seems to be on a similar course where this could become a topic of frequent discussion. As usual, stay tuned to your favorite political Twitter accounts to receive the most succinct updates and insights.
Sage Souza is a junior studying political science and Spanish. In her free time, she enjoys long walks on the beach, making too many playlists on Spotify, and retweeting Karl Marx fancams.
@sageksouza