Evolution of the Abortion Law and its Practice in Poland Against the Background of the Current Legal Framework in New Zealand

Author: Eska-Mikołajewska, J
Published in National Security Journal, 05 April 2021

18 Ultimately, the 1956 Act expired on September 27, 1997 due to the repeal of the act on the medical profession. See the Act of December 5, 1996 on the Professions of Physician and Dentist, Journal of Laws 1997 No. 28 item. 152.

19 See draft resolution on the 40th anniversary of the establishment and commencement of operations by the Polish Committee for the Defense of Life, Family and Nation, Warsaw, September 21, 2017. Available at https://www.senat.gov.pl/prace/druki/record,8771.html
20 Andrzej Friszke, An oasis at Copernicus. Catholic Intelligence Club 1956-1989, (Warszawa: Library of “Więzi”, 1997), pp. 292 – 293, 217.

21 J. Gardawski, A. Mrozowicki, J. Czarzasty, „History and present of trade unions in Poland,” Dialog, 3 (2012), p. 5.

22 See Program Resolution of the 1st National Congress of Delegates, 10 September 1991. Available at http://www.solidarnosc.org.pl/dok/wp-content/uploads/2012/09/I-KZD-uchwala- programowa.pdf

23 The Catholic Intelligentsia Club in the 1980s represented Christian-democratic groups within the opposition. They collaborated with representatives of political circles without a clear ideological face, such as the Workers’ Defence Committee, the Society for Scientific Courses or “Solidarity”, along with the media related to them and editorial offices of major journals. See P. Wierzbicki, “Ideological divi- sions within the political opposition in the People’s Republic of Poland (PRL) in the years 1976–1989, “Memory and Justice, 1 (21) (2013), pp. 112 – 113, 116.

24 Marcin Kościelniak, “Transformation and abortion. Genealogy of the “abortion compromise,” View. Theories and Practices of Visual Culture, 27 (2020), p. 9., DOI: 10.36854/widok/2020.27.2247, p. 7.

25 Paulina Codogni, The June 1989 elections. On the threshold of political transformation, (Warszawa, IPN Institute of National Remembrance, 2012), p. 140.

26 Mirosław Chałubiński, ed. Politics and abortion, (Warszawa: Scholar Agency, 1994), pp. 99, 131.

27 This was confirmed by the results of a survey by the Public Opinion Research Center (TNS OBOP) in May 1989. When asked about their support for the bill, the respondents were divided almost equally: 46 percent in favor, 44 percent against. See Marcin Kościelniak, p. 9.

28 Since 1999, the Federation has had the status of an advisory organization at the United Nations Economic and Social Council (ECOSOC). See Federation for Women and Family Planning, 5 February Available at https://en.federa.org.pl/about-us/

29 E. Markiewicz, I. Skawina, “Personalistic approach in family education on the background current education systems,” Family Pedagogy, 4(4) (2014), p. 81.

30 Section 4a of the Act of 7 January 1993, Journal of Laws 1993 No. 17, item 78.

31 “A quarter of a century of abortion ban. 25 years ago, the Sejm adopted one of the most restrictive laws in Europe. Komorowski supported her, while Tusk was against it” 7 January 2018, OKO.press. Available at https://oko.press/cwierc-wieku-zakazu-aborcji-25-temu-sejm-przyjal-jedna-najbardziej-rest- rykcyjnych-ustaw-europie-popieral-ja-komorowski-przeciw-byl-tusk/

32 “Abortion compromise?,” 19 November 2006, Weeks Review. Available at https://www.tygodnikprzeglad.pl/aborcyjny-kompromis/

33 In Europe, such regulations are valid only in the Principality of Liechtenstein and the Principality of Monaco, in the world, among others in Colombia, Eritrea, Israel, Saudi Arabia and Pakistan. See The World’s Abortion Laws, 26 April 2019, Center for Reproductive Rights. Available at https://reproductiverights.org/worldabortionlaws

34 Section 1 of the Act of August 30, 1996 amending the act on family planning and protection of the human fetus and conditions for allowing termination of pregnancy and on Amending Certain Other Acts, Journal of Laws 1996 no. 139 item 646.

35 Piotr Zamelski, “Protection of the child’s right to life – selected issues” in Propaedeutics of human rights. Children’s rights in the family and education. S. L. Stadniczeńko, ed. (Opole: Publishing House of the University of Opole, 2012), p. 105.

36 Constitutional Act of October 17, 1992 on mutual relations between the legislative and executive authorities of the Republic of Poland and on local self-government, Journal of Laws 1992 No. 84, item. 426.

37 See Announcement of the President of the Constitutional Tribunal of 18 December 1997, Journal of Laws 1997 No. 157, item. 1040, issued on the basis of the judgment of the Constitutional Tribunal dated May 28, 1997, docket number K26/96.

38 “In Poland, Protests Over Abortion Ban Could Revolutionize Politics,” 7 December 2002, The New York Times. Available at https://www.nytimes.com/2020/12/07/world/europe/poland-abortion-protests.

39 “Poland has slammed door shut on legal and safe abortions – UN experts,” https://www.ohchr.org, 27 October 2020. Available at https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26434&LangID=E

40 The Black Monday, the strike of Polish women, had a clear reference to Long Friday, October 24, 1975 in Iceland. As part of a nationwide protest approximately 90% of Icelandic women gave up household chores for one day and gainful employment. The aim of that action was to draw the attention of men to the value of women and the work they perform. The strike resulted in a significant social change – in 1980, for the first time in the world, a woman was elected to a position president in general election (Vigdís Finnbogadóttir). Today Iceland is perceived in the world as the friendliest country for women. Their employment is 76%, the state provides 9 months of maternity leave that are shared by parents, and the pay gap is practically non-existent. See “Long Friday” – 40 years behind Iceland,” 24 October 2015,
Strajk portal. Available at https://strajk.eu/dlugi-piatek-40-lat-za-islandia/

41 Elżbieta Korolczuk, Beata Kowalska, Radosław Nawojski, Jennifer Ramme, Claudia Snochowska-Gonzalez, “Mobilising women in 2016-2018: causes, contexts and research perspectives” in Women’s rebellion. Black Protests and Women’s Strikes. Elżbieta Korolczuk, Beata Kowalska, Jennifer Ramme, Claudia Snochowska-Gonzalez, eds. (Gdańsk: European Solidarity Centre, 2018), pp. 18-23.

42 “A complete ban on abortion to the bin. The Sejm finally rejected the bill,” 6 October 2016,
TVN24. Available at https://tvn24.pl/polska/sejm-odrzucil-projekt-ws-calkowitego-zakazu-aborcji-ra681648-3195405

43 See “The “Save Women” committee signed over 400,000 signatures,” 23 October 2017. Available at https://www.polskieradio.pl/5/3/Artykul/1897374,Komitet-Ratujmy-Kobiety-zlozyl-ponad-400-tysie- cy-podpisow; “Half a million Poles for abortion? The truth is quite different,” 4 December 2017. Avail- able at https://www.gosc.pl/doc/4332340.Pol-miliona-Polakow-za-aborcja-Prawda-jest-zupelnie-inna