On Wednesday, 6 November, the Sejm read a draft Law of the Left, aimed primarily at ensuring impunity for perpetrators of the offence of illegal abortion made during the first 12 weeks of pregnancy (Sejmy printing No. 611).The Ordo Iuris Institute has prepared a legal analysis of the bill.
The basic and most crucial presumption of the next task of the Left (printing No 611) is decriminalisation of unlawful abortion until 12 weeks of pregnancy. It is worth noting that decriminalization means recognising that a given act (now considered a crime), a crime will no longer be. The concept of "abortion" is, on the another hand, an intentional deprivation of the life of a prenatal child. It has nothing to do with doctor’s actions to save the life or wellness of a child’s mother. The task aims, therefore, to enable the free killing of unborn children until the 12th week of pregnancy in Poland, in violation of the provisions of the Act of 7 January 1993 on household Planning, the protection of the human fetus and the conditions for abortion. This is the meaning of the draft wording of Article 152(3) of the Criminal Code: ‘Who, with the consent of a woman, interrupts her pregnancy but in cases referred to in the Act, if more than 12 weeks have elapsed since the beginning of her pregnancy, is subject to a regulation of liberty or imprisonment of up to 5 years’. In practice, the provision hides the legal consent of the projector to illegalabortion on request (for no valid reason and but in the cases mentioned in the Act) until the end of the 12th week of pregnancy.
However, this is not the only charge to be addressed to the project's authors. The Ordo Iuris Institute's analysis of the legislative solutions contained in the task showed, in particular, the following additional risks, which will be updated erstwhile this defective law is passed:
- Limiting criminal liability for actions aimed at the lives and wellness of women, since the intent of the proposed amendment is to destruct the criminal liability of the perpetrators of the offence of providing assistance or urging illegal abortion (proposed repeal of Article 152(2) of the Criminal Code),
- abolition of criminal liability under Article 154(1) of the Criminal Code for perpetrators of illegal abortion by Week 12 resulting in the death of a woman and the perpetrators of the crimes of assistance and inducement to illegal abortion which She killed a woman.,
- the proposed abolition of criminal liability for carrying out illegal abortions by Week 12 is, as it were, "invited" to execute it more frequently, while technological studies confirm that abortion is an independent hazard origin for intellectual wellness problemswomenincluding depression, anxiety, suicidal behaviour and psychoactive disorders.
When proposing specified legislative solutions, the drafters again showed a complete deficiency of respect for the applicable government of an overarching nature – in peculiar the Polish Constitution or the global Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989. Not only the Polish Constitution of 1997, but besides acts of global law order countries to establish specified a law that will defend human life. specified global agreements include, in addition to the aforementioned Convention on the Rights of the Child, the global Covenant on civilian and Political Rights (Article 6(1)), the European Convention on Human Rights (Article 2(1)) and the Charter of Fundamental Rights of the European Union (Article 2(1)). However, regardless of the actual abolition of the legal protection of human life at the prenatal phase by 12 weeks of pregnancy, designers besides request a crucial simplification in the legal protection of the life and wellness of women whose goods are exposed in situations of illegal abortion or in crimes of assistance and inciting illegal abortion. Thus The project's authors clearly show that, contrary to media assurances, they do not number on women's rights and even take measures to defend these rights to weaken. It is essential to realise, and this is clear from the legal analysis that The only group of beneficiaries of the proposed solutions will be activists organising women's access to illegal abortion law. In accordance with the provisions of the bill, specified persons would avoid criminal work for, for example, helping to abortion, which led to the death of a woman. It is so to be the group most protected by the provisions of the proposed regulation. – The legal analysis has shown that the draft Law on Print No 611 is not only flawed, but simply highly anti-female – concluded Mr Katarzyna Gęsiak, manager of the Center for Medical Law and Bioethics of the Ordo Iuris Institute.
Source: Ordo Iuris
TG
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