Poland: The Tribunal Acknowledges that Eugenic Abortion is Unconstitutional

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The Constitutional Tribunal issued a ruling on the eugenic motive, acknowledging that it is inconsistent with the Constitution. The verdict was handed down by the majority of the judges on October 22^nd, feast day of St. John Paul II.

On October 22nd, after 11:00 am, the proceedings on the admissibility of abortion for eugenic reasons began. The Constitutional Tribunal heard the case as a full bench, the adjudication panel was chaired by the president of the Constitutional Tribunal, Julia Przyłębska, and the rapporteur was Judge Justyn Piskorski – informed the website opoka.org.pl.

In 2019, a group of 119 deputies asked the Constitutional Tribunal to examine a case regarding the constitutionality of the eugenic abortion. Today, the full Tribunal investigated whether the abortion of sick children violates the current Constitution. This highest legal act ensures protection of human life (Art. 38 of the Constitution), respect for and protection of human dignity (Art. 30 of the Constitution), and protection against discrimination (Art. 32 of the Constitution). The Court analyzed the legal aspects.

Abortion, in the case of a high probability of severe and irreversible impairment of the fetus or an incurable disease that threatens its life, is inconsistent with the Polish Constitution, according to the ruling issued by the Tribunal today.

The Ombudsman for Children, Mikolaj Pawlak, wrote on Twitter: The decision of the Constitutional Tribunal declaring eugenic abortion inconsistent with the fundamental law is the victory of life over death. It is the restoration of equality of rights for every human being, including the unborn.

The president of the Polish Bishops’ Conference wrote: By its decision, the Constitutional Court affirmed that the idea that “life is not worth living” is in flagrant contradiction with the principle of a democratic state governed by law. The life of every human being, from conception to natural death, has the same value before God and must be protected to the same degree by the State. The episcopate’s president referred to the words of John Paul II, who taught that “the attitude toward the weak is a measure of a society’s democracy and goodness.” He stressed that non man of good conscience can deny the right to life to anyone, especially because of his or her illness.

I received with great satisfaction today’s decision of the Constitutional Court, according to which eugenic abortion is incompatible with the Constitution of the Republic of Poland.

This decision makes it possible to affirm the idea that “life is not worth living” is in flagrant contradiction with the principle of a democratic State ruled by law. The life of every human being, from conception to natural death, has the same value before God and must be protected to the same degree by the State.

The attitude towards the weakest is, as St. John Paul II taught, the measure of the democracy and the goodness of a society. Anyone of good conscience realizes how outrageously barbarous it is to deny anyone the right to life, especially because of his or her illness.

BP KEP, Translation from Polish: P. Nau / Office for Foreign Communication of the Secretariat of the Polish Bishops’ Conference

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