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Guidelines for Hospitals and Prosecutors on Abortion

30.08.2024

The government is changing the realities of applying the law regarding the use of legal abortion up to the 12th week of pregnancy. Prime Minister Donald Tusk, together with the Minister of Health Izabela Leszczyna and the Minister of Justice Adam Bodnar, presented guidelines for prosecutors and hospitals. In this way, the government wants to ensure that the state more effectively stands on the side of women. Among other things, they clearly indicate that abortion due to a woman's mental health is permissible and that the opinion of one doctor is sufficient in this case.

Prime Minister Donald Tusk, Minister of Health Izabela Leszczyna, Minister of Justice Adam Bodnar during a press conference at the KPRM.

The State on the Side of Women

Subsequent legislative attempts in the Sejm have shown that it will be difficult to obtain a parliamentary majority for bills legalizing abortion up to the 12th week of pregnancy during this term. Therefore, the ministries of justice and health have issued special guidelines for use by prosecutors and hospitals.

"We are not idle when it comes to providing options for women in early pregnancy who, for health reasons, believe they should be able to have a legal abortion,"
– emphasized Prime Minister Donald Tusk during a press conference with Minister of Health Izabela Leszczyna and Minister of Justice Adam Bodnar.

As the head of the government explained, the guidelines for prosecutors and hospitals will change the realities of applying the current provisions on abortion.

"We are looking for ways of action that will, in accordance with the law, practically allow access to legal abortion for women who, for various reasons, should have the right to it,"
– Donald Tusk noted.

The guidelines from the Minister of Justice and the Minister of Health, indeed, change the attitude of the prosecution and doctors towards a woman who, for health reasons, wants to terminate her pregnancy.

"Doctors will feel that when they stand on the side of the woman, the prosecution will also be on the side of the woman, not on the side of heartless and in our opinion wrong, very restrictive provisions [...]. The state will increasingly effectively stand on the side of the woman when she is making dramatic decisions in her life,"
– the Prime Minister stated.

The head of the government expressed hope that in the future it will be possible to make such a change in the law that will fully respect the expectations and fundamental rights of Polish women regarding the performance of legal abortion up to the 12th week of pregnancy.

Guidelines for Hospitals and Prosecutors on Abortion

Minister of Health Izabela Leszczyna explained that the purpose of the guidelines for hospitals is to ensure the safety of women who, for health reasons, do not want to carry a pregnancy to term. It is also about providing legal security for doctors who will apply these guidelines.

As the Minister highlighted, one doctor's opinion should suffice for the procedure of terminating a pregnancy, which states the existence of a premise for endangering the woman's health. This could be, for example, a certificate from a psychiatrist.

"If there is a demand in a medical facility for a second doctor's opinion or for convening a medical board, this should be considered as hindering access to a medical procedure that is in the guaranteed benefits package,"
– the head of the health department emphasized.

Minister of Justice Adam Bodnar also confirmed that, due to the protection of mental health, a decision to perform an abortion procedure will be possible.

"This is a circumstance that is absolutely permissible under the law. In such cases, it should not lead to the involvement of the prosecution,"

– Adam Bodnar emphasized.

He added that prosecutors must act in accordance with the new guidelines, which will be the basis for shaping a particular practice of the entire state's operation.

"The goal is to change the atmosphere and philosophy of action. Women's rights must be at the center, not the other way around,"

– the Minister of Justice emphasized.

The aim of the guidelines for prosecutors is to sensitize prosecutors to issues related to abortion. Prosecutors should pay special attention to the situation of a woman who is in this difficult moment of her life.

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