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Today, instead of delivering justice, the court prolonged the legal persecution of Justyna Wydrzyńska by ordering a retrial. This is not justice—it is yet another attempt to exhaust and intimidate women human rights defenders (WHRDs) fighting for reproductive rights. 

We are highly disappointed and angered by the vote today in the Sejm, who rejected a bill that would have decriminalised those helping women access abortion care. The bill failed to pass with a margin of only three votes. Members of Parliament voted against the safety, dignity and freedom of Polish women and against their families and loved ones, who can still be prosecuted for helping them access abortion care, together with reproductive rights defenders, and healthcare professionals. Decriminalising abortion assistance and provision would be the bare minimum. Yet Poland remains a country where women are dying because they are denied abortion care and where family and friends need to risk their freedom to help loved ones. Poland continues to be at odds with the rest of Europe. Currently, Poland has one of Europe’s most restrictive abortion laws, with access to care only permitted in situations of risk to the life or health of a pregnant woman, or if a pregnancy results from rape. In practice, however, it is almost impossible for those eligible for a legal abortion to obtain one. Those who help women access abortion care risk a prison sentence of up to three years. Last year, a women's rights advocate, Justyna Wydrzyńska, was convicted for sending self-administered abortion pills to a pregnant woman, a gynecologist was charged with unlawfully assisting patients in obtaining abortion pills, and a man was indicted for helping his partner obtain an abortion. The proposed bill would have completely decriminalised abortion assistance throughout a pregnancy and provision up to the 12th week of pregnancy and also removed penalties for abortion provision in cases of risks for the health or life of the pregnant woman or of a high probability of severe and irreversible fetal defects. Polish elected representatives once again failed to listen to the voice of Polish citizens who are in favour of liberalising abortion care laws. We need to end this terror campaign against those who help women and, ultimately, legalise abortion care and guarantee access for all women who need it. IPPF EN will continue to stand in solidarity with those fighting for reproductive freedom. The fight is not over.

Today, the District Court in Warsaw found Justyna Wydrzyńska guilty for helping a woman in an abusive relationship to access abortion pills. She was sentenced to eight months of community service for 30 hours/month and will now have a criminal record. "We are deeply saddened by the decision and outraged by the entire process. Condemning a person for an act of empathy and compassion towards another human being is unconceivable. We are in awe of Justyna’s bravery in the face of 18 months of judicial persecution by an apparatus targeting anyone who dares challenge the state’s immoral attacks on healthcare and human rights", said Irene Donadio of the International Planned Parenthood Federation, European Network (IPPF EN).

Three leading women’s rights defenders are facing eight years in prison in Poland for exercising their right to peaceful protest.  Prosecutors in Warsaw filed the indictment against Marta Lempart, Klementyna Suchanow and Agnieszka Czerederecka-Fabin of the Polish Women’s Strike (Ogólnopolski Strajk Kobiet, OSK), a partner of the International Planned Parenthood Federation, European Network, for allegedly organizing protests during the COVID-19 pandemic.  Massive protests were prompted back in October 2020 by the decision of the illegally appointed Constitutional Tribunal to impose a near-total ban on abortion care. Peaceful protesters were met with excessive force, with authorities using tear gas, pepper spray and physical assault. Now, two years on, women human rights defenders (WHRDs) are still being attacked by Polish authorities, with defenders facing violence from law enforcement and far-right groups, including bomb threats, as well as smear campaigns in state-controlled media, detention and excessive criminal charges orchestrated and encouraged by the government. In the case of the Polish Women’s Strike’s members, these charges include “causing an epidemiological threat”, endangering public health and publicly praising crimes.  The new indictment against the women’s rights defenders came just days before the second anniversary of the near-total ban on abortion, which has killed six women so far. It also comes in the same month that a court hearing was held in the trial of Justyna Wydrzyńska.  Justyna, a member of Abortion Without Borders and the Abortion Dream Team, is facing up to three years in prison for facilitating an abortion that didn’t happen. Her case marks the first in Europe where a WHRD is being prosecuted for helping ensure abortion care by providing abortion pills. Justyna’s trial is ongoing. Irene Donadio of the International Planned Parenthood Federation, European Network, said:

As today’s hearing in the trial of human rights defender Justyna Wydrzyńska is postponed until October 14, we ask Poland’s Justice Ministry to immediately drop the charges against Justyna and stop oppressing woman rights defenders (WRDs). Justyna is charged with supporting Ania, a woman in an abusive relationship, to access abortion pills. A survivor herself of a similar situation to Ania, she took compassionate action to help the woman. Justyna’s efforts were reported to the police by the controlling husband. Ania was denied abortion care, but the stress caused her to miscarry. Now, Justyna, a member of Abortion Without Borders and the Abortion Dream Team, is facing up to three years in prison for facilitating an abortion that didn’t happen. Her case marks the first in Europe in which a WRD is being prosecuted for helping ensure abortion care by providing abortion pills.

We wholeheartedly welcome the decision of the French government to support the reproductive safety and freedom of Ukrainian refugees in Poland by financing Abortion Without Borders via IPPF EN. Abortion Without Borders is a civil society initiative working in countries with restrictive laws to help people access abortion care at home with pills or abroad in clinics. The French financial support will specifically be used for the management of help lines and to assist Ukrainian women in Poland travel abroad to receive the care they so desperately need. Concretely, it is expected that the 60.000 euros will help at least 150 women to received safe and legal abortion care outside Poland. Currently, Poland has one of Europe’s most restrictive abortion laws. In practice, it is almost impossible for those eligible for a legal abortion to obtain one. The barriers that have long faced Polish women now also affect Ukrainian refugees. We know that access to emergency contraception and safe abortion care is even more important following the increased threat and terrifying reported incidence of abuse, sexual and gender-based violence (SGBV) and trafficking facing refugees and displaced people. Timing is also of the essence when treating victims of sexual violence and delays can prove dangerous for their physical and mental health. Civil society organizations and ordinary citizens are the ones providing this care to refugees, but this is not properly reflected in many funding schemes. This heroic effort is not sustainable. Without support, these solidarity networks will collapse, with devastating consequences for Ukrainian refugees in Poland.