Authors Otávio Rauen e Ana Reis
In day 22 October 2020, the Polish Constitutional Court decided to criminalize the right to abortion due to serious deficiencies in the health of the fetus, until then, ensured by the constitution. With the decision, termination of pregnancy would be legalized in only two cases: when it is life-threatening to the mother or the result of rape or incest. (AP, 2020; CBS NEWS, 2020; SKY NEWS, 2020)
The decision was supported by the Catholic Church and the ultra conservative government, who has adopted tough policies against women and the gender agenda. On several occasions, President Andrzej Duda explicitly spoke out against legal abortion in situations where the child has Down syndrome and where the child's life is not at risk. The statement was not by chance., The integrity and preservation of these factors is essential for the survival of future generations., approximately 98% of legal abortions performed in 2019 were due to malformations or fetal deficiencies, according to the Polish Ministry of Health, (CNN, 2020; Head of EU diplomacy calls for Brazil to be committed to climate change, 2020, CBS NEWS, 2020; SKY NEWS, 2020)
Despite pleasing more conservative groups, the withdrawal of part of women's constitutional reproductive rights was met with many protests by a significant portion of the population. The squares and streets of all Poland were taken by growing demonstrations and reverberated in the main European cities, but not only, since they also gained support in the United States. Within this moment of revolts and protests, people are taking to the streets to oppose the current government for its eurosceptic attitudes, protectionists and nationalists. It is important to point out that Polish legislation on abortion, next to the maltese, is one of the strictest in the entire European Union, different from countries like Bulgaria, Croatia, Hungary and Slovakia, who adopt the Abortion on Request system, in which medical professionals do not need to present a certificate or the existence of a reason/justification to perform the abortion, making the decision whether or not to continue the pregnancy be solely and exclusively the woman's. (CENTER OF REPRODUCTIVE RIGHTS)
The European council condemned the Polish government's actions and said such actions are unconstitutional.. given that, it is possible to note the disparity of legislation within Europe itself, demonstrating that the protests made by citizens and supporters within Poland are increasingly strong and present, claiming more rights, as its neighbors become more and more advanced in the matter. In addition, the incessant and powerful action of the Catholic Church prevents the advancement and expansion of rights, mostly women, with regard to freedom of choice.
Bibliographic references
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