On 22 October the Polish government ruled in a constitutional tribunal that abortion would be illegal in cases of foetal abnormality, on the grounds that it violates the country’s constitution. Poland, strongly influenced by Catholic conservatism, is already one of the strictest countries in Europe with regard to abortion, and this decision means that abortions are only legal in cases of rape, incest or to protect the mother’s life.

The social climate in Poland was already skewed against a woman’s right to choose. The long-established principle of conscientious objection means that any doctor can refuse to carry out the procedure if it goes against their personal or religious beliefs.

Most abortions take place illegally. A study from 2010 suggested there could be as many as 150,000 illegal abortions per year, compared to only 1,000-2,000 legal abortions. Of these legal abortions 98 per cent were carried out due to severe foetal defects, i.e. they would have been outlawed under the latest ruling.

Women in Poland also have very limited access to birth control. Only two types of contraceptive pill are available via the public health care system. Doctors may also refuse to prescribe these pills citing their personal or religious beliefs.

After the tribunal’s ruling, protestors began marching towards the house of governing party leader Jaroslaw Kaczynski. Footage from private broadcaster TVN showed police using tear gas on peaceful protestors. In retaliation protestors threw stones and attempted to push through the police line, leading to multiple arrests.

On Sunday 25 October, pro-choice protestors clashed with far-right activists at the Church of the Holy Cross in central Warsaw. Far-right leader Robert Bąkiewicz warned that a ‘national guard’ of vigilantes would be created to defend the church from protestors.

But Poland is not the only nation state attempting to restrict access to abortion. A woman’s right to choose is under attack in various countries across the world.

USA

Back in 2019, nine states passed ‘heartbeat bills’ to limit abortion procedures. Louisiana passed a bill to ban abortions after a foetal heartbeat is detected, while Alabama legislators voted to ban abortion in almost all circumstances. Georgia, Kentucky, Missouri, Mississippi and Ohio passed bills that prohibit abortions after 6-8 weeks of pregnancy; Utah and Arkansas voted to restrict the procedure to the middle of the second trimester.

Though passed into state law, all these bills conflict with the federal Supreme Court’s Roe v Wade decision (1973) which states that abortion is legal until the foetus reaches viability at 24-28 weeks.

Judge Amy Coney Barrett was recently confirmed as the replacement for the late Ruth Bader Ginsburg on the bench of the Supreme Court. Barrett is a conservative Catholic who believes that “life begins at conception”. There is widespread concern that her appointment to the Supreme Court poses a further threat to the Roe v Wade ruling and abortion rights across the USA.

Mexico

In July 2020 Mexico’s Supreme Court rejected the state of Veracruz’s bid to decriminalise abortion. Pro-choice campaigners had hoped the ruling would set a precedent for similar injunctions in other states. Currently abortion is legal in only two of Mexico’s 32 states. The state of Mexico City is exceptional in that it permits abortion on request with a gestational limit of 12 weeks. The injunction would have legalised abortion in other states during the first 12 weeks of pregnancy, allowed for the termination of pregnancies for health reasons, and removed the time limit placed on abortion in cases of rape.

Argentina

In 2018, the Argentinian senate rejected a bill to legalise abortion in the first 14 weeks of pregnancy. Rejection of the bill meant that abortion remained legal only in cases of rape or where pregnancy endangers the life of the woman. Medical complications arising from illegal abortions are the main cause of death among pregnant women in Argentina.

Brazil

In August 2020 women took to the streets in Brazil to protect a 10-year-old child who was being persecuted by religious extremists for trying to gain legal access to abortion after she was raped. Brazil’s laws on abortion permit terminations in cases of rape, when the mother’s life is at risk or when the birth defect anencephaly is detected. The child was forced to fly over 900 miles to the city of Recife after a hospital in her home state refused to treat her.

Turning the tide?

Some other countries are making positive changes in favour of women’s rights.

In response to grassroots campaigns Italy’s Minister of Heath, Roberto Speranza announced back in August a new law allowing women to self-medicate in order to terminate pregnancies of up to nine weeks.

In October the Spanish government announced plans to allow 16 and 17-year-olds to proceed with a termination of pregnancy without requiring parental permission. Spanish law currently allows abortion for any reason for the first 14 weeks of pregnancy. Abortions may be allowed after that time but only if there are problems with the foetus or the mother’s health, or with the support of a doctor. However, back in January the government banned Women on Web, a non-profit organisation that supports women before and after an abortion, and provides contraceptive and abortion pills.

In March New Zealand took a step forward with the Abortion Legislation Act 2020, giving unrestricted access to abortion during the first half of the pregnancy (up to 20 weeks). Abortions during the second half of the pregnancy are allowed only when stated as “clinically appropriate” by at least two health practitioners, though opponents claim that the language used “amounts to no meaningful limitation until the moment of birth”.

South Korea is also making positive changes which are due to be implemented by the end of this year. The country’s Constitutional Court stated in 2019 that existing restrictions on abortion were unconstitutional. Termination will be allowed within the first 14 weeks for any reason, and within 24 weeks for reasons regarding finance, health, if the foetus is diagnosed with a genetic disorder, or if the woman is a victim of rape. Abortion in South Korea is complicated by the possibility of sex-selective abortions, i.e. some mothers may choose to terminate their pregnancy because the foetus is female.

Criminalising abortion does not stop abortions. Preventing access to legal abortion drives women towards back-street abortionists operating in unsafe conditions.

There is still a great deal to be done in the war for women’s rights, especially on the front line for safe and legal abortion.