Abortion law in Poland is considered extremely strict. Prime Minister Tusk’s new government promised liberalization. But there is disagreement about how far this should go.
“Every Polish woman will be able to decide for herself about her motherhood. Polish women will regain their dignity and happiness!” That’s what Donald Tusk said during his election campaign in September.
Five months later, Tusk is Polish Prime Minister. His government coalition is jumping from one project to the next in order to quickly reform the country after the national populist PiS party. It often does this in a reckless and legally uncertain manner, but at least outwardly it is determined – and united.
Only when it comes to the right to abortion does Tusk seem much quieter today than during the election campaign: “The Civic Platform is presenting a bill that includes the right to safe abortion up to the 12th week. Will there be a Sejm majority for this? Holownia and Kosiniak-Kamysz have did not hide the fact that they have different opinions on this issue.” Szymon Holownia and Wladyslaw Kosiniak-Kamysz are key coalition members – and the liberalization of abortion rights is the first issue that really tests the coalition’s cohesion.
Three coalition members, four bills?
At the end of January, Tusk’s Büdnis, the citizens’ coalition, proposed a bill to legalize abortions up to the 12th week of pregnancy. The New Left is demanding the same with its own draft.
The third force in the coalition, the “Third Way” alliance, made up of Holownia and Kosiniak-Kamysz, is much more conservative and wants to go back to the old, already very strict rules before the PiS tightened them. Abortions would only be legal after a crime or danger to the pregnant woman and the fetus. In general, the best decision would be a referendum. The Left, in turn, suggests at least exemption from punishment as an alternative option in the event that legalization fails – similar to what is happening in Germany.
Three coalition members, probably four bills. And the majority is uncertain, says the Prime Minister: “Since I have not convinced the gentlemen of the ‘legal abortion up to the 12th week’ project, we will endeavor to decide it in the Sejm. Will there be a majority of votes for it? If the Third way doesn’t change his mind, probably not.”
Doctors often fail to act
So far, only Health Minister Izabela Leszczyna has created facts. Because even in the few cases in which abortions are legally possible in Poland, doctors often do not act – out of unwillingness or fear of punishment – several women have died in recent years under medical supervision. Leszczyna is now having the guidelines for doctors changed, based on those of the World Health Organization and, if in doubt, on course for conflict with conservative doctors.
“We must remind doctors that they can refuse a medical intervention, but never if the patient’s life or health is at risk,” says the Health Minister. “In case of danger, no doctor may invoke the conscience clause.”
Abortion was a central election campaign issue
It’s a step, but it will hardly be enough to satisfy the many Poles who have been demanding abortion rights in mass protests for years and who have made the issue a central issue in the election.
The Sejm is not scheduled to negotiate the many different bills until March at the earliest. If the new government coalition around Donald Tusk does not come to an agreement, its popularity will suddenly and massively decline shortly after the start.
Martin Adam, ARD Warsaw, tagesschau, February 5th, 2024 11:18 p.m