CASES
Tysiąc v. Poland (European Court of Human Rights)
NEWS
European Court of Human Rights Rejects Poland's Appeal in Landmark Abortion Decision
September 2007
The European Court of Human Rights announced on September 25, 2007 that they will not review their earlier judgment in the case of Tysiąc v Poland, despite a request to do so by the Polish government. In their March 2007 decision, the Court held for the first time that governments have a duty to establish effective mechanisms to ensure women's access to abortion where it is legal. The case centered on the tragic story of Alicja Tysiąc, a Polish woman who is nearly blind because she was forced to continue a pregnancy that threatened her health.
"Thousands of women are denied access to abortions they need and are legally entitled to in Poland every year," said Christina Zampas, Senior Legal Adviser for Europe at the Center. "This decision means that the Polish government -- and other governments in Europe -- must take steps to make sure that women like Tysiąc don't needlessly suffer at the whim of doctors." This final judgment is a tremendous victory for women in Poland and in all of Europe.
Poland Appeals Tysiąc
June 2007
The Polish government has announced that it will appeal the case of Tysiąc v. Poland to the Grand Chamber of the European Court of Human Rights. The case centers on the story of Alicja Tysiąc, a Polish woman who went nearly blind because she was forced to continue a pregnancy that threatened her health. In March of this year, the European Court of Human Rights held, for the first time, that European governments have a duty to ensure that women have access to abortion where it is legal. The conservative League of Polish Families (LPR), a ruling party in the government, has consistently pushed to ban abortion completely. "I hope that the Grand Chamber will reject the appeal," said Christina Zampas, Senior Legal Adviser for Europe at the Center, adding that "the Polish government should focus on protecting women's health rather than continuing a political fight with dire consequences for women."
Proposed Polish Constitutional Amendments that Threatened Women's Rights Have Failed
April 2007
In a victory for women's rights, the Polish Parliament rejected several constitutional amendments that had the potential to ban abortion in all circumstances. The amendments sought to extend the Constitution's protection of life and human dignity to the moment of conception. Extending this protection threatened to further restrict Poland's current law, which permits abortion only to save a woman's health and life, in cases of fetal impairment, and when the pregnancy is a result of a crime. Although the majority of the Parliament supported the proposed changes, they were unsuccessful in obtaining the necessary two-thirds vote. The leader of the League of Polish Families, a political party in the ruling coalition, made a statement soon after the voting that his party will continue efforts to strengthen legal protection of fetal life.
The Center and our partner, the Polish Federation for Women and Family Planning, submitted comments to key government officials and members of Parliament arguing that international human rights treaty provisions do not extend "right to life" protections to fetuses and that recognizing the right to life from conception threatens women's basic human rights, including rights to dignity, equality, and privacy.
Center Applauds Landmark Abortion Decision by European Court of Human Rights
March 2007
The European Court of Human Rights held on March 20, 2007, for the first time, that governments have a duty to establish effective mechanisms for ensuring that women have access to abortion where it is legal. The case centers on the tragic story of Alicja Tysiąc, a Polish woman who nearly went blind because she was forced to continue a pregnancy that threatened her health. "There are thousands of women who are denied access to abortions they need and are legally entitled to in Poland every year," said Christina Zampas, Senior Legal Adviser for Europe at the Center. "This decision means that the Polish government—and other governments in Europe—must take steps to make sure that women like Tysiąc don't needlessly suffer at the whim of doctors."
Training Lawyers in Poland on How to Use the European Court of Human Rights
February 2007
This month, in collaboration with the Polish Federation for Women and Family Planning and the Warsaw University Law Clinic, the Center is leading a capacity-building training for Polish lawyers. The four-day session will train approximately 15 lawyers on how to take reproductive rights cases to the European Court of Human Rights (ECHR).
Throughout Europe, reproductive rights advocates are finding that the ECHR has tremendous potential to advance reproductive rights in the region. In fact, one case currently pending before the Court may do just that. Tysią v. Poland centers on a Polish woman who is severely visually impaired and was denied an abortion that would have prevented further irreversible damage to her eyesight. While abortion is legally restricted in Poland, it is permitted to avert threats to a pregnant woman's physical health, such as the one the applicant faced. The Tysiąc case, in which the Center filed an amicus brief, was recently declared admissible by the Court, and is expected to be decided this year.
PUBLICATIONS
Reports
Women of the World: Laws and Policies Affecting Their Reproductive Lives – East Central Europe
Read the chapter on Poland from Women of the World: Laws and Policies Affecting Their Reproductive Lives – East Central Europe
The Women of the World reports are the product of collaboration between the Center for Reproductive Rights and NGOs around the world. Each volume presents regional and national information about the following:
- Laws and policies regarding health, population, contraception, abortion, sterilization, safe pregnancy, HIV/AIDS and other sexually-transmitted infections;
- Women's legal status within marriage, including divorce, custody and property; labor rights; access to credit and education; and the right to physical integrity;
- Reproductive health and rights of adolescents, including the legal status of adolescent marriage, sex education, and sexual offenses against minors;
- Customary and religious laws and practices that influence the status of women and girls.
The reports show that although many countries have adopted laws and policies to promote women's reproductive health and rights, such instruments have not necessarily had the desired effect. The reproductive rights of women around the world continue to be violated on account of discriminatory laws and policies as well as social practices that undermine their reproductive autonomy.
Briefing Papers
Reporting to Treaty Monitoring Bodies
Organizations like the Center for Reproductive Rights and its partners play an essential role in providing credible and reliable independent information to international human rights treaty monitoring bodies regarding the legal status and real-life situation of women and the efforts being made by governments to comply with human rights treaties. Shadow reports work to supplement, or "shadow," governments' reports on human rights issues by calling attention to their strides, as well as their setbacks.
Regional Partner Organizations
