Last Friday, the Sejm, Poland’s lower house of parliament, voted on a bill concerning the decriminalization of abortion. The proposal by the Left was rejected by a majority vote. Currently, Article 152 of the Polish Penal Code (KK) states that “whoever terminates a pregnancy with the woman’s consent, in violation of the law, is subject to a penalty of imprisonment for up to three years.” It also prescribes the same penalty for assisting a pregnant woman in terminating her pregnancy illegally or for inducing her to have an abortion.
According to the proposed bill, a person assisting a woman in getting an abortion up to the 12th week of pregnancy would not face any criminal liability, even in the event of the woman’s death. Furthermore, a doctor performing an abortion up to the ninth month of pregnancy in cases of severe fetal defects would not be committing a crime.
To the surprise of the parliamentarians themselves, the bill was rejected, with 215 members voting in favor, 218 voting against, and two abstaining. The absenteeism of some members also significantly influenced the outcome.
The voting result is a crucial step in maintaining legal protection for life in Poland. Effectively, the introduction of the bill would have served as a de facto green light for abortion on-demand through the backdoor. What would prevent doctors and nurses from performing abortions in private clinics if there were no consequences for violating the ban? What would stop the distribution of early abortion pills if it were not subject to any restrictions?
Left-wing politicians are aware that introducing abortion on-demand, as promised in their election campaigns, will not be straightforward in Poland — also due to constitutional provisions. They aim to introduce changes to the law that are not as radical, but their goal is to expand the possibilities for terminating pregnancies.
One such loophole is broadening the basis for allowing abortions to include threats to a woman’s mental health. However, as Dr. Aleksandra Sztuka emphasizes in an interview I conducted with her for the Gość Niedzielny news outlet, this is manipulation. She explains that it is a misconception that pregnant women cannot receive psychiatric treatment. According to her, medications can be adjusted safely during pregnancy and breastfeeding, debunking claims that treatment is impossible without harming the child.
The decriminalization and removal of penalties for abortion were supposed to be another move that quietly increased access to abortion. Fortunately, three parliamentary votes —and indirectly the abstentions and non-participation in the voting — prevented the opening of another loophole. This is a good sign, offering hope that other pro-abortion projects will face a similar fate.
It is not yet time to celebrate, however; Friday’s vote does not change the fact that there is still significant support for at least partial legalization of abortion in our country, and a strong underground abortion movement still exists. Merely blocking legislative changes that liberalize access to abortion, while undoubtedly very important, will not radically change societal views.
According to all surveys, the most supporters of abortion are among the youngest voters. Legal changes are necessary — whether in tax regulations or in the organization of care for children, especially those with disabilities — to protect life not only in the prenatal phase but also after birth. Only then can we expect that the laws protecting conceived life will be maintained in future legislative sessions.
