Analysis provided by: Dominika Skubida, ODIHR Legal Expert.

More

The right to health care is a right guaranteed by the Constitution of Poland.

According to the amended Law of 1993 on Family Planning, Protection of Human Foetus and Conditions to Admit Interruption of Pregnancy, life is a fundamental right of a human being and is a subject to special protection by the state, society and citizen. The state recognizes the right of each citizen to make an informed responsible decision on reproduction and therefore, the right of access to the relevant information, education and contraception. According to the Law of 1991 on the Reimbursement Rules for Medicines and Sanitary Materials some categories of contraceptives may be included on the list of medicines that are subject to reimbursement. The list is established each time by the Ministry of Health and Social Care in other regulations. Sterilization is not recognized as a method of contraception as is nor permitted for males and females.

Public authorities are obliged to ensure particular health care to pregnant women. As specified by the amendment of 1996 to the Law on Abortion and the Law on Self-governance of 1990 the government administration and organs of self-government are obliged, within the scope of their competencies, to provide medical, social and legal assistance to pregnant women. In consideration of the above, schools are obliged to give leave to a pregnant school-girl, as well as to provide her with other assistance in order to enable her to graduate from the school.

Prenatal examinations are admissible and to this end government administration and the organs of self-government are obliged to ensure access to this type of examination and related information in case there is a justified risk that the foetus might suffer from genetic damage or an incurable disease.

According to the Law of 1993 on Family Planning, Protection of Human Foetus and Conditions to Admit Interruption of Pregnancy abortion is admissible in Poland in the following three cases: 1) when there is a threat to women's health, 2) when there was a medical presumption that the foetus was severely or irreversibly demaged due to the genetic or other reasons or the foetus is incurably ill 3) the pregnancy is a result of crime (incest or rape).

Furthermore, the following preconditions must be met to perform the abortion: 1) the term of the pregnancy must be under twelve weeks 2) in the case of a threat to women's life the pregnancy may only be terminated in a public hospital, and on the basis of  two certificates from doctors other than that one performing abortion, 3) the examination has to reveal damage or sickness of the foetus due to which it can not reach the stage of viability, 4) in case of the pregnancy resulted from a crime the relevant certificate must be issued by a prosecutor. It is admissible for termination of pregnancy on this ground to be conducted in a private clinic.

The Constitutional Tribunal delegalised in 1997 the right to perform abortion on the basis of difficult personal conditions or bad economic situation introduced by the amended version of the Law on Family Planning of 1996.

A woman entitled to terminate a pregnancy has to issue her written consent. Minors under the age of 13 or incapacitated women have to submit the consent of their statutory representative and consent from the family court or the custodian court issued on the basis of the hearing of the minor girl in first and of the incapacitated women in the second case.

Criminal Code in Article 152 stipulates that whoever, with consent of the woman, terminates her pregnancy in violation of the law shall be subject to the penalty of deprivation of liberty for up to 3 years. The same punishment shall be imposed on anyone, who renders assistance to pregnant women in terminating her pregnancy in violation of the law or persuades her to do so. Whoever commits the above specified acts after the foetus has became capable of living outside the pregnant woman's body shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.

In case of the acts specified by Article 152 resulting in the death of the woman the perpetrator is subject to the penalty of deprivation of liberty for up to ten years.

Hide