Poland fined €16,000 for denying abortion to woman

The European Court of Human Rights has ruled against Poland, ordering the country to pay €16,000 to a woman, identified as M.L., who was denied the right to abort a fetus diagnosed with Down syndrome.

This decision comes amidst Poland’s stringent abortion laws, where the procedure is legally permitted only in cases of sexual assault, incest, or when the mother’s life or health is at risk.

The complaint was filed by M.L., a resident of Warsaw born in 1985, after she was denied access to a legal abortion following the Constitutional Court’s 2020 ruling that abortion due to fetal anomaly was incompatible with the constitution.

This ruling, effective from January 27, 2021, significantly limited women’s reproductive rights in Poland.

The ECHR, based in Strasbourg, found that the legislative amendments in question compelled M.L. to travel abroad for the abortion at considerable expense and away from her family support network, causing a significant psychological impact.

Additionally, the court highlighted serious irregularities in the appointment procedure of judges in the Constitutional Court that issued the ruling.

“The court found that the legislative amendments in question, which had forced her to travel abroad for an abortion at considerable expense and away from her family support network, had to have had a significant psychological impact on her,” it said in a statement.

On top of that, the composition of the Constitutional Court that had issued the ruling “had included judges who had been appointed in a procedure tainted by serious irregularities,” it said.

By a majority of five votes to two, the ECHR condemned Poland for violating the “right to respect for private life,” as guaranteed by the European Convention for the Protection of Human Rights. The Hungarian and Polish judges issued a dissenting opinion.

As part of the verdict, Poland has been ordered to pay €15,000 in compensation to M.L. and an additional €1,004 to cover legal costs