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The Polish Constitutional Tribunal Ruled That Eugenic Abortion Was Unconstitutional

The Polish Constitutional Tribunal Ruled That Eugenic Abortion Was Unconstitutional

October 26, 2020
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The Polish Constitutional Tribunal Ruled That Eugenic Abortion Was Unconstitutional

Until recently, Poland was one of the countries in Europe with the best protection of the lives of children. Now these lives will be protected even better. In 2019, a little over a thousand legal abortions were performed in Poland, 98% of them were based on an article repealed by the Constitutional Court.

Eugene Rosenblum by Eugene Rosenblum
October 26, 2020
in Breaking News, Life
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Reading Time: 6 mins read
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The Polish Constitutional Tribunal Ruled That Eugenic Abortion Was Unconstitutional

Seat of the Polish Constitution Tribunal. Source - Wikimedia commons, author - Jurij (license: CC BY-SA 3.0)

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Some days ago, on October 22, the Polish Constitutional Tribunal considered a request to veryfy constitutionality of the norm of the Law on Family Planning, Protection of the Human Fetus and the Conditions under Which Abortion is Permissible, which allowed abortion in the case when there is reason to suspect a serious and incurable illness of an unborn child.

All fifteen judges of the Constitutional Tribunal participated in the meeting, and by the voices of thirteen of them, this article of the law has been declared discriminating on the ground of health status, and contrary to Article 38 of the country’s Constitution, which states: “The Republic of Poland ensures the legal protection of every human life.”

In general, abortion is prohibited in Poland. But (until recently) an exception was allowed in three cases: if there was a medical report on the high probability of an incurable illness of the child, if the pregnancy was the result of a crime (that is, rape or incest) and if the continuation of the pregnancy threatened the mother’s life.

This made Poland one of the countries in Europe with the best protection of the lives of children. Now these lives will be protected even better: in 2019, a little over a thousand legal abortions were performed in Poland, 98% of them were based on an article repealed by the Constitutional Tribunal.

The exception that allows abortion in the event of an incurable illness of a child is extremely vulnerable to corrupton: after all, after an abortion is performed, it is no longer possible to check whether the murdered child was really sick or whether the doctor issued an appropriate conclusion for a bribe. This possibility is now repealed. 

Jerzy Kwaśniewski, President of the Ordo Juris Institute (Latin for “Legal Order”), reacted to the decision of the Constitutional Tribunal with the following tweet: “Great victory! Constitutional protection of the lives of sick children and children who are suspected of having a disease or genetic disorder. We raise the banner of human rights high. “

Wielkie zwycięstwo.

Konstytucyjna prawna ochrona życia rozciągnięta na dzieci chore i podejrzane o chorobę lub wadę genetyczną.

Wysoko podnosimy sztandar praw człowieka.#TarczaDlaŻycia#FalaZycia#PrawaDziecka pic.twitter.com/089hTKpKU9

— Jerzy Kwaśniewski (@jerzKwasniewski) October 22, 2020

Indeed, the human right to life is the fundamental right without which other rights have no meaning, and even the UN Convention on the Rights of the Child 1989, following the 1959 Declaration of the Rights of the Child, proclaims that “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.”

However, as one would expect, those politicians and non-governmental organizations, whose goal, as it seems, is to put the killing of children under the guise of “protecting women’s rights” on the stream, reacted negatively to this decision of the Polish Constitutional Tribunal.

Council of Europe Commissioner for Human Rights Dunja Mijatovic called it a “violation of human rights,” Malgorzata Szulecka, a lawyer for the Polish Helsinki Committee for Human Rights, said that refusing an abortion is “inhuman treatment of a woman,” and Antonina Lewandowska – a young Polish activist, fighting for the legalization of abortion and the spread of sex education with the support of global elites – even declared that the ban on abortion violates … the UN Convention against Torture.

Pani Lewandovskaya is right about one thing: indeed, there are no conventions establishing the “right to abortion” in international law. Therefore, all the supporters of legal infanticide can do, when they do not want the state to protect the lives of their unborn citizens, is to declare the ban on abortion as torture (or simply shamelessly declare that “the state has no right to make cannibalistic decisions”: this is exactly how in 2016, Mikhail Abyzov, who was at that time the Minister of the Open Government of the Russian Federation, motivated his illegal refusal to submit to the State Parliament for discussion the citizens’ proposal to end state funding of abortions in Russia, which collected the required 100,000 verified signatures of Russian citizens via the special governmental web-site).

We will not ask whether Antonina Lewandowska believes that her own birth was torture of her mother (judging by her profile on the social network LinkedIn, she was most likely born after the abortion ban in Poland). Moreover, she could not have failed to condemn yesterday’s decision of the Polish Constitutional Tribunal without losing her job: since 2019, she has been the coordinator of the ASTRA – Central and Eastern European Network for Sexual and Reproductive Health and Rights, which through the Global Fund for Women is funded by George Soros’s Open Society Foundation. And all organizations funded by this person, including much more powerful, such as  Center for Reproductive Rights , HRW (Human Rights Watch) and Amnesty International were, of course, deeply outraged by this decision, which will save many children’s lives.

They have long sought to legalize abortion in Poland, but here’s a bad luck: the Poles persistently elected to the Sejm the parties that consider necessary to protect the lives of Polish children, they recently re-elected the family’s defender Andrzej Duda as their president, and their elected deputies appoint judges who put the law above the will of the international abortion lobby.

And here we can understand the Poles, because abortion on demand was already allowed for Polish women … from 1943 to 1945, under Nazi occupatioin. “It will be extremely beneficial for us if [Polish] girls and women will have as many abortions as possible” –  Hitler has reportedly said at the time. “I will personally shoot the idiot who would want to enforce the anti-abortion law in the eastern occupied territories.” Poles remember who imposed abortion on them for the first time in their history. And such predecessors hardly add popularity to George Soros’s pocket organizations in Poland.

Anita Czerwińska, a press secretary of the ruling Law and Justice party, a member of the Parliament, has already stated that the Polish Republic is ready to provide the necessary care for all sick children and their mothers so that no one is left alone. “We – Law and Justice – respect the decision of the Constitutional Tribunal and do not run away from the responsibility that it has imposed on us”.

And it is hardly a mere coincidence that the decision of the Constitutional Tribunal of Poland was adopted on October 22 – the day of the liturgical memory of St. John Paul II, Poland’s great son and protector of unborn children.

Tags: AbortionPolandPro Life
Eugene Rosenblum

Eugene Rosenblum

Eugene Rosenblum is the founder and editor-in-chief of the pro-life and pro-family Tropa (Trailway) publishing house, a Russian State University for Humanities’ World History Department alumnus, a Ph.D. Candidate at Moscow State University’s Church History Department, and a married father of four. As a member of the For Family Rights NGO, he took part in several campaigns and legal actions in defense of the right of the parents to make free education and healthcare decisions for their children. He is an author of numerous publications in academic journals, translator and editor of several books on Church History, as well as a guest speaker at Radio Maria (St. Petersburg) and Radio Radonezh (Moscow).

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