The European Court of Human Rights has declared that Poland’s 2020 abortion legislation violated the rights of a woman who had to travel abroad for the procedure. While the law, which prohibited the applicant from obtaining an abortion after a Down’s syndrome diagnosis, was not deemed “inhuman or degrading treatment,” it was found to infringe upon her right to privacy and family life under Article 8 of the European Convention on Human Rights.
Poland has been ordered to pay the woman €16,004 (£13,800) in damages. The ruling is seen as a significant milestone by women’s rights advocates in Poland, who argue for a change in the country’s laws causing distress for women. The applicant had her abortion appointment cancelled due to the constitutional tribunal’s ruling criminalising abortions based on foetal abnormalities. She subsequently travelled to the Netherlands for the procedure. The court emphasised concerns about the “lawfulness” of Poland’s constitutional tribunal in light of changes to the judiciary. Advocates call for a liberalisation of Poland’s abortion laws by the new government.
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