When looking at abortion, it seems to me a personal choice that is highly politicised. In late October, a ruling in Poland’s highest court resulted in an almost total ban of abortion within the country. As a half-Polish woman living in Australia, who stands proudly in her beliefs that women should be able to choose what they do with their bodies, it is difficult to observe the events unfolding in Poland. Regardless of being in the midst of a global pandemic, rising COVID-19 cases have not stopped Poles from vehemently protesting against the conservative new law. This ruling symbolises much more for Poland than being solely a near-complete ban on abortion.
Taking a step back to October 2015, the Law and Justice Party (PiS) won a majority in Poland’s Sejm (lower house) and Senate. Despite being labelled one of the most promising democracies in the post-Soviet world, Poland has demonstrated a loss of this status over the last five years. Since their majority win, right-wing populist party PiS have passed several reforms censoring the media, restructuring the judiciary system, removing a sense of separated powers and incited anti-LGBTQ+ rallies. Essentially, the rule of law in Poland is actively being challenged. The party’s views and values are rooted in traditional ‘Polish’ conservatism and have been further reaffirmed throughout the country with this year’s Presidential election. Incumbent Andrzej Duda, who is supported by PiS, won narrowly with a 51.2% majority in an election that recorded the highest voter turnout since the collapse of communism in 1989. This narrow scope in which President Duda claimed victory alludes to substantial citizen challenge to PiS and its reformist intentions that debilitate the core values underpinning Western democracies.
Fast forward to October 2020 when a new abortion law was been put forward. Prior to this, Poland had been recognised for possessing some of the strictest laws on abortion among European Union (EU) member States. Legal abortions had been permitted in Poland in a handful of situations; either when a woman’s health is threatened, incest or rape, and foetal abnormalities. In a court with judges primarily appointed by PiS, the recent ruling prohibits abortions on the basis of foetal abnormalities, deeming them unconstitutional. To obtain an abortion in Poland was already exceptionally difficult, often forcing Polish women to seek abortions illegally and externally. The Polish health administration generates all sorts of red tape to make seeking an abortion a logistical nightmare. General patterns of behaviour in response to a woman seeking an abortion often include dragging out the administrative aspects, convoluting the access to information and medical facilities physically refusing to administer the procedure. This is especially common in parts of Eastern Poland, where it is almost impossible to obtain an abortion. Bureaucracy, to some extent, is utilised as a tool to encourage reducing and eventually prohibiting the practice of this medical procedure. Removing a woman’s access to obtain an abortion removes her ability to choose what she does with her body. As someone who vouches for this right, it is difficult to consider these events without my frustrations rising. I am not alone here as record numbers of protestors have rallied in opposition. As PiS enjoys support from both old and young Polish citizens, it is interesting to observe exactly who came to rally against this controversial new law.
Following the law’s introduction, the largest protests since 1989 erupted across Poland. In 1989, Polish citizens were rallying against communist rule. In 2020, there was a fierce opposition to women’s rights being challenged. Splashed across handmaid banners and masks, in Poland and abroad, the simplicity of the red lightning bolt has become a powerful symbol of the people’s movement against the Government’s actions. The forms and scope of protests have grown increasingly more creative, demonstrating that society will not idly stand by as a woman’s access to abortion is further challenged. Unfortunately, police have violently responded to protests, with several recounts of physical clashes, use of tear gas and targeting of Government opposition members seen protesting. This movement has gained traction over social media and garnered greater support from domestic and international NGOs, seeking to provide Polish women with better access and knowledge of how to obtain an abortion if they desire. These civil protests across Poland are expressing society’s deeper concerns over what lengths the Government may go to curb individual freedoms, given their near-complete ban of abortion which ought to be a matter of choice. Poland is at a crucial point in its social-political history.
Following such public outcry, the abortion bill was initially delayed. This meant that passing it through the houses of parliament slightly stalled. On 23 November 2020, however, it was confirmed a woman can only seek a legal abortion if their health is at risk or in cases of rape and incest. Ascertaining whether the Government ‘listened’ to the people’s protest is difficult because a ‘compromise’ legislation was proposed by President Duda. Abortion can be allowed if the abnormalities of a foetus are ‘lethal’, but if linked to other conditions this will not be the case. Yet, still considering exsiting administrative and legal barriers to obtain an abortion, a woman’s right to make a decision about seeking one is further blockaded.
Where are things going next? This remains the everlasting question. With PiS coming into power, Poland’s relationship with the EU continues on an increasingly rocky road. In 2021, one cannot look at an issue without tying it to the COVID-19 pandemic. It is important to note that Poland has often be known to side with its equally conservative counterpart Hungary. Back in November, Poland and Hungary rejected the EU’s proposed budget and pandemic recovery package claiming its rule of law conditionality was a breach of its sovereign rights. Although the EU budget veto was rescinded on 10 December with a compromise between the actors, the fact a veto occurred showcases the increasing regional problems stemming from Poland’s conservative leadership. From my perspective, an individual looking on anxiously from Australia, society is already riled up. Poland receives significant funds from the EU. Halting access to these funds in a time when they are most definitely needed would only serve to fuel further discontent and anger amongst the country’s citizens. The scope and pace at which protests erupted highlights that regardless of a pandemic, society is committed to upholding democratic expression in a country where democracy is still relatively fresh and young.
This law symbolises more than literally reducing a woman’s right to choose what she does with her body. The public’s reaction alludes to a growing concern of what the Government may do next. More specifically, whose rights it may target next. Given the stance and views PiS has presented towards the LGBTQ+ community, my perspective is that Poland has entered this space where I question whether it is truly committed to upholding and encouraging all basic human rights. The almost complete ban of abortion in Poland is a wake-up call – where is this ‘democracy’ headed next?
