UN Report Condemns Poland’s Abortion Laws as Human Rights Violations, Calls for Legal Reforms

CEDAW’s inquiry, which included a visit to Poland in 2022 by Vice-Chair Genoveva Tisheva and former member Lia Nadaria, uncovered grave and systematic violations of women’s rights.

The UN Committee on the Elimination of Discrimination against Women (CEDAW) has condemned Poland’s restrictive abortion laws as severe human rights violations, according to a report published today. The report reveals that the stringent restrictions, which significantly limit access to safe and legal abortions, have led to numerous preventable deaths and subjected many women to severe physical and mental suffering.

CEDAW’s inquiry, which included a visit to Poland in 2022 by Vice-Chair Genoveva Tisheva and former member Lia Nadaria, uncovered grave and systematic violations of women’s rights. The Committee’s findings highlight that the criminalization of abortion assistance, minimal legal exceptions, and the frequent inaccessibility of services result in the denial of safe and legal abortion to most women seeking one in Poland.

“The situation in Poland amounts to gender-based violence against women, potentially rising to the level of torture or cruel, inhuman, or degrading treatment,” said Tisheva. The report cites the restrictive legal framework, which only permits abortions when the woman’s life or health is at risk or in cases of rape or incest, as a major factor in this crisis.

Implementation flaws exacerbate the issue, with many doctors hesitant to perform abortions due to fears of criminal liability or personal beliefs. This often results in delays until the woman’s life is in imminent danger. Additionally, bureaucratic obstacles and anti-abortion lobbying create a hostile environment for those seeking abortions, further complicating access.

The report criticizes the complex and victim-unfriendly process for obtaining abortions in cases of pregnancies resulting from crimes, noting that it is hindered by anti-abortion sentiments and threats against those who assist women.

“The combined effect of these factors is a stigmatised and practically inaccessible abortion service, constituting severe gender-based violence and potentially cruel and degrading treatment,” Tisheva stated.

CEDAW’s report emphasizes that the restrictive legislation forces women to carry unwanted pregnancies to term, endangering their health and life, and subjecting them to severe emotional and physical distress. The situation has worsened since the 2020 Constitutional Court ruling, which banned abortions even in cases of fatal fetal abnormalities.

In response, CEDAW has issued 22 recommendations, urging Poland to adopt a human rights-based approach to sexual and reproductive health. Key recommendations include the decriminalization and legalization of abortion and recognizing the right to abortion as a fundamental human right.

“The denial of abortion is a form of discrimination against women, withholding a service that is uniquely required by women,” Tisheva concluded. The report calls for urgent legal reforms to address these human rights violations and ensure that women in Poland can exercise their reproductive rights safely and with dignity.