These restrictive laws have forced many women to carry unwanted pregnancies to term, travel abroad to obtain legal abortions or seek unsafe private treatment, according to information from the United Nations High Commissioner for Human Rights (OHCHR).

The report of the UN Committee on the Elimination of Discrimination against Women (CEDAW), published on Monday, found that most abortions in Poland are carried out illegally and under unsafe conditions. With minimal legal exceptions, it is illegal to assist women with abortion and the relevant services are often inaccessible.

CEDAW members are appointed by the UN Human Rights Council in Geneva.

Committee Vice-Chair Genoveva Tisheva said: “The situation in Poland is an expression of gender-based violence against women and can lead to torture or cruel, inhuman or degrading treatment..”

Restricted rights

Two years ago, Ms Tisheva visited Poland to conduct a confidential investigation into violations of women’s rights based on allegations made by civil society organisations.

The CEDAW Committee concluded that Poland’s “already restrictive legal framework” had some “serious implementation deficiencies”, including doctors’ reluctance to perform abortions for fear of criminal liability or for moral or religious reasons, making it difficult for women to access safe abortion services.

The Committee stressed that women face significant difficulties in accessing abortion services, particularly when the pregnancy results from a criminal act, due to a “complex and victim-hostile bureaucratic process”. These difficulties are exacerbated by powerful anti-abortion lobby groups, threats and the stigmatisation of those providing assistance.

“Together, these factors create a complex, hostile and deterrent environment in which access to safe abortion is stigmatized and virtually impossible,” Ms Tisheva said.

Conclusion and recommendations

The CEDAW Committee concluded that Poland’s restrictive abortion laws endanger women’s health and lives and cause mental and physical suffering, constituting a gender-based violation of women’s rights.

These restrictive laws can also be considered “torture or cruel, inhuman and degrading treatment.”

Deputy Chairwoman Tisheva said: “The mental anguish of women forced to carry a non-viable fetus has become even worse. This situation has worsened since a 2020 Constitutional Court ruling banned abortions even in cases of fatal fetal abnormalities.”

This ruling supposedly made abortion illegal, except in cases where the life of the pregnant woman is in danger or in cases of sexual assault.

CEDAW’s recommendations to Poland include recognizing abortion as a fundamental human right and adopting a human rights-based approach to sexual and reproductive health as a whole – particularly through legal reforms “towards the full decriminalization and legalization of abortion,” according to the press release from the UN human rights office OHCHR.