Poland's Controversial Abortion Ban Sparks Intense Political Battle

Poland is currently discussing potential changes to its strict abortion laws, sparking a controversial debate on reproductive rights in Europe. Prime Minister Donald Tusk's party is suggesting adjustments to the existing law, which currently only permits abortions in rare cases, to allow for abortions up to the 12th week of pregnancy.

However, the topic has caused a strong rift within his governing coalition. Poland's parliament is set to discuss proposals from two parties that support his government. One of these proposals suggests legalizing abortion only in cases where foetal abnormalities are identified within the first 12 weeks.

Looking ahead, Tusk may face another obstacle. It is expected that any changes to the current law will be blocked by President Andrzej Duda, a conservative who is aligned with the previous government and has frequently opposed Tusk's plans.

Tusk had to make the tough decision to bring abortion back into focus, despite facing many challenges. Polish women, who were angered by the strict abortion restrictions imposed by the previous government, played a key role in Tusk's close victory in the election last year. Now, there is a strong demand for Tusk to follow through on his commitment to overturn the law.

There are various options available for moving forward.

Tusk’s government has suggested a new approach to align Poland with many other European Union countries by proposing the legalization of abortion up to the 12th week of pregnancy. In cases where the mother's life is in danger after the 12th week, abortion would also be permitted.

Tusk has found support for his proposal from his left-wing governing partner, Lewica. Lewica not only supports Tusk’s plan but is also presenting its own bill to legalize abortion up to the 12th week of pregnancy.

But a far more challenging rival approach comes from another coalition member, Third Way, a center-right party containing socially conservative lawmakers.

Donald Tusk leads a broad coalition which is divided on how to tackle the issue of abortion.

Donald Tusk leads a broad coalition which is divided on how to tackle the issue of abortion.

Omar Marques/Getty Images

The proposed bill aims to revert Poland's laws back to their pre-2020 state. Prior to that year, abortion in the largely Catholic country was only permitted in cases of rape or incest, when the mother's life was in danger, or in instances of fetal abnormalities.

In addition, Third Way lawmakers have shown their backing for a referendum on abortion law amendments. This could become a lengthy process that Tusk is keen to steer clear of.

The issue has revealed the first significant divisions in Tusk's governing coalition. This coalition was elected due to widespread frustration with the authoritarian Law and Justice (PiS) party, but it includes lawmakers from various political backgrounds.

Poland's Minister of Health, Izabela Leszczyna, expressed her concerns during a debate. She emphasized the importance of remembering that the discussion revolves around a woman - a human being with free will, dignity, and rights. She shared these thoughts with national broadcaster TVP on Thursday.

Poland’s near-total abortion ban

The move by PiS to dramatically toughen already restrictive abortion laws in 2020 set off a heated fight in Polish politics whose ruptures are still closely felt.

PiS promised to eliminate the fetal abnormality exception, which was the main reason for legal abortions in Poland in 2019, making up 98% of all known cases. This move was aimed at significantly reducing the number of abortions in the country.

However, opposition lawmakers managed to prevent this effort from being successful. Many of these lawmakers are now part of Tusk's coalition.

Polish activist Justyna Wydrzynska is seen in the courtroom after being found guilty of giving abortion assistance in district court in Warsaw, March 14, 2023.

Polish activist Justyna Wydrzynska is seen in the courtroom after being found guilty of giving abortion assistance in district court in Warsaw, March 14, 2023.

Wojtek Radwanski/AFP/Getty Images

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However, instead of addressing the issue, PiS turned to the Constitutional Tribunal, which had judges who supported their views. The Tribunal declared it unconstitutional for women to have abortions in cases of fetal abnormalities, labeling it as "eugenic practices."

The anger sparked massive rallies in Warsaw and other Polish cities, with western European nations condemning the situation. As time passed, the anger did not fade and protests became a common sight in Poland. Especially when stories emerged of women being denied abortion access and even dying in some cases.

The backlash against PiS actually ended up working in their favor with the public. Despite Poland being predominantly Catholic, most voters disagreed with the drastic changes to the law.

There are still more challenges to face in the future.

The anger caused by PiS changing the abortion law in Poland was a key reason for their loss to Tusk in the last election.

This defeat paved the way for Tusk to begin a new fight to keep his promises to the people and make Poland's reproductive rights laws more progressive.

His government has capitalized on the public's dissatisfaction with PiS' two-term rule by swiftly undoing their changes to public media and strengthening ties with the European Union. This has led to an increase in approval ratings and left the opposition struggling to effectively criticize Tusk.

While the ruling parties are in agreement on certain issues, such as public media and EU relations, the topic of abortion has revealed divisions. Szymon Holownia, leader of the Third Way party and speaker of the Polish parliament, has garnered support from more socially conservative citizens and has diverged from Tusk on this matter.

The possibility of a referendum to modify the law, suggested by the Third Way, could provide a clear answer - but it also comes with the risk of causing a lengthy and complicated situation that may interfere with other plans and worsen conflicts within families and communities.

Anger over the current law never dissipated, and was one factor in Law and Justice's declining public support.

Anger over the current law never dissipated, and was one factor in Law and Justice's declining public support.

Wojtek Radwanski/AFP/Getty Images

Thursday's extensive debates may appear to be ineffective at first glance. Any proposed changes to abortion laws, even if supported by the coalition, are likely to be rejected by President Duda, who is aligned with PiS and has already obstructed Tusk's legal plans.

Unfortunately, finding a quick resolution to the issue is not an option for Tusk. His health minister Leszczyna expressed disappointment, stating, "It is sad that we have such a president and we will not be able to do anything for the next year or so," during an interview with TVP.

The prime minister is preparing for a long and challenging battle ahead. With a presidential election on the horizon to replace Duda, Tusk plans to make abortion rights a key issue in the campaign. This move could put pressure on the PiS-aligned candidate to take a stance that might risk losing support from women voters.

In the meantime, Tusk's government may consider decriminalizing abortion as a temporary measure before attempting to change the law after the May 2025 election. This step could be a significant move towards achieving their goal.

But that approach alone will not do enough to satisfy the lawmakers to Tusk’s left, and the voters who expect a more drastic overhaul.

CNN’s Antonia Mortensen contributed reporting

Editor's P/S:

The ongoing debate over abortion laws in Poland sheds light on the complex and deeply divisive nature of reproductive rights in Europe. Prime Minister Donald Tusk's efforts to amend the country's strict restrictions have met with resistance from within his own coalition, highlighting the ideological divide between progressive and conservative segments of Polish society. The issue has its roots in the 2020 decision by the previous government to ban abortions in cases of fetal abnormalities, a move that sparked widespread protests and condemnation. While Tusk's proposed legalization of abortion up to the 12th week of pregnancy has gained support from some coalition members, others have pushed for a restoration of pre-2020 laws or even a referendum on the matter. The ultimate outcome remains uncertain, but the debate itself serves as a microcosm of the broader struggle between progressive and conservative forces across Europe over issues of reproductive autonomy and the role of the state.

The situation in Poland exposes the challenges faced by policymakers in balancing the rights of women with the ethical concerns surrounding abortion. The near-total ban imposed by the previous government not only violated the rights of women but also raised questions about the government's overreach into the private lives of its citizens. Critics argue that such restrictive laws force women to resort to unsafe and illegal abortions, putting their health and lives at risk. Supporters of the ban, on the other hand, often cite religious and moral beliefs as justification for their opposition to abortion. The debate in Poland and elsewhere in Europe emphasizes the need for a compassionate and evidence-based approach to reproductive rights, one that respects the autonomy of women while ensuring access to safe and legal abortion services.