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Letter sent to the Presidents of the European Commission and the Council of the European Union by IPPF EN, CIVICUS and Human Rights Watch: ... Subject: Decision of Constitutional Tribunal, marred with concerns about its independence and legitimacy, may lead to human rights violations in Poland Dear Presidents, We are writing to express our deep concerns and draw your attention to a worrying development in Poland, linked to breaches of independence of the judiciary and the protection of human rights. On 22 October, the Constitutional Tribunal will rule on constitutionality[1] of access to abortion care on the ground of “severe and irreversible foetal defect or incurable illness that threatens the foetus’ life”, as permitted under the current abortion law.[2] The removal of this provision would place women’s health and lives at risk and violate Poland’s international human rights obligations. As rightly noted by the European Commission in its first Annual Report on the matter, “concerns over the independence and legitimacy of the Constitutional Tribunal, raised by the Commission under the Article 7(1) TEU procedure, have so far not been resolved.”[3] The Polish government’s reforms to the judiciary since 2015 have raised serious concerns regarding respect for the rule of law, and led the Commission to launch the procedure under Article 7(1) TEU in 2017, and several infringement procedures in the past years.[4] The Venice Commission has noted that changes to procedures for judicial appointments and the operations of the Constitutional Tribunal have undermined its independence and rendered its work ineffective, including due to excessive executive and legislative control of the Tribunal’s operations.[5] The request to review the constitutionality of the 1993 Family Planning Act was submitted in December 2019 by conservative MPs including from the ruling PiS party. Unresolved concerns over the independence and legitimacy of the Tribunal raise significant risks of politicization of human rights and any forthcoming decision on reproductive health and rights. It is apparent that breaches of the rule of law in Poland, materialised in the longstanding concerns regarding Poland’s Constitutional Tribunal, could lead to further violations of other Article 2 TEU values: human rights, human dignity, equality and non-discrimination. This latest development is a clear example of how all EU values are interdependent. We call upon you as EU leaders to stand for and defend all EU values. We urge you to address breaches of the rule of law in all EU Member States, to condemn violations of human rights including women’s human rights and access to sexual and reproductive rights everywhere in the EU, and to ensure that flawed courts cannot be used to undermine the respect for human rights and EU values. In your efforts to safeguard all EU values, we call on you to make use of, and continue to further strengthen, all the legal and political tools that are or could be at your disposal, including the new Rule of Law Cycle[6], the recommendations under the Rule of Law Framework, the Article 7 proceedings and the conditionality of access to EU funds. A decision to ban abortions in case of “severe and irreversible foetal defect or incurable illness that threatens the foetus’ life” would be a retrogressive measure. Poland already has one of the most restrictive abortion laws in the EU. Abortion is only permitted on limited grounds, including in cases of severe foetal defect. Over ninety percent of legal abortions performed in Poland are accessed on this ground.[7] Criminalizing abortion on this ground would virtually ban all legal access to abortion care in the country. It would constitute an unprecedented threat to Polish women’s human rights including the rights to life, health, dignity, and non-discrimination and may constitute cruel and inhumane treatment. In practice, women and adolescent girls may have their lives put at risk due to complications as a result of a lack of access to timely and safe abortion care, be forced to give birth against their will[8] or to undergo unsafe abortion procedures, especially those who cannot afford to travel abroad. Poland would further breach numerous provisions of human rights treaties that it undertook to respect.[9] This latest development takes place in a broader context of repeated attempts by the ruling party to roll back human rights, including reproductive rights, women’s human rights and LGBTI rights. In July 2020, Poland announced its intention to withdraw from the Istanbul Convention, and asked the Constitutional Tribunal to examine its constitutionality.[10] Poland also repeatedly infringed on LGBTI rights, which has been denounced by the European Commission[11] and led the Commission to withhold EU funds from certain Polish cities.[12] Considering these ongoing breaches of the rule of law and retrogressive initiatives, we call on EU institutions to respond urgently and strongly to such initiatives by Poland and any EU Member States, that would endanger the rights and lives of EU citizens and non-EU nationals living in the EU, and weaken the EU project as a whole.   [1] Firstly, it will assess compliance of the relevant provisions with Art. 30 of the Constitution (right to dignity of a person); then with Art. 38 (protection of life), Art. 31§3 (grounds for limiting freedom), Art. 32 (prohibition of discrimination), Art. 2 (social justice) and Art. 42 (criminal liability); https://trybunal.gov.pl/postepowanie-i-orzeczenia/wokanda/art/11253-planowanie-rodziny-ochrona-plodu-ludzkiego-i-warunki-dopuszczalnosci-przerywania-ciazy [2] Act on Family Planning, the Protection of the Human Fetus, and the Conditions of Admissibility of Abortion of 1993 (1993 Family Planning Act), Article 4a § 1 pt. 2; https://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/Polish%20abortion%20act--English%20translation.pdf [3] 2020 Rule of Law Report: https://ec.europa.eu/info/sites/info/files/pl_rol_country_chapter.pdf [4] Although notably no infringement procedures were launched in relation to the Constitutional Tribunal. [5] https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2016)026-e [6] The Rule of Law Mechanism should cover the full scope of Art 2 TEU values, as called for by many civil society organisations and the European Parliament: https://www.europarl.europa.eu/doceo/document/TA-9-2020-0251_EN.html [7] According to the most recent data in 2019 in Poland there were 1100 abortions performed, 1074 of which were carried out on the grounds of foetal impairment. [8] 2018 joint CRPD and CEDAW statement and press release. [9] Among many examples, Poland has already been condemned several times by the European Court of Human Rights regarding access to abortion for breaching the European Convention of Human Rights (Tysiąc v. Poland; R.R. v Poland; P. and S. v Poland), judgements that are yet to be implemented since 13 years. [10] https://www.politico.eu/article/poland-court-violence-against-women-istanbul-convention [11] 2020 Rule of Law Report: https://ec.europa.eu/info/sites/info/files/pl_rol_country_chapter.pdf, President von der Leyen State of the Union Address. [12] https://www.euronews.com/2020/07/29/eu-funding-withheld-from-six-polish-towns-over-lgbtq-free-zones  

IPPF EN is very encouraged by a series of positive developments in recent days which show European decision-makers and public bodies supporting the reproductive freedom and safety of women and girls, and rejecting harmful obstacles to care. At a time when other countries in Europe are pursuing retrogressive political agendas, we are heartened by these examples of progressive values shaping the legal frameworks which determine how women and girls access and experience care. Emergency contraception: Italy removes prescription hurdle for minors needing contraceptive care On 8 October, Italy’s national Medicines Agency (Aifa) announced new rules for under-18s needing to access emergency contraception. Adolescent girls will now be able to access this essential care over-the-counter in pharmacies without being required to have a prescription. The Aifa described this step forward as a “turning point for teenagers’ physical and mental health”, and “an ethical measure which will help avoid difficult situations in which girls usually bear the burden by themselves.” The organisation also announced the creation of a much-needed new website to provide information about contraception. (article in La Repubblica here) French Parliament paves the way for boosting women’s access to abortion care Also on 8 October, France’s National Assembly discussed a bill to strengthen the right to abortion. New measures approved in this first reading would include the extension of the legal deadline for access to abortion from 12 to 14 weeks of pregnancy, the possibility for midwives to carry out surgical abortions up to the 10th week, and the removal of the clause that enables care providers to deny women care based on their own personal beliefs. Our French member Le Planning Familial, which has regularly denounced the difficulties that women face in accessing abortion care, strongly supports these proposed new measures. LPF described them as a first step towards aligning with the European countries that have the most women-centred abortion legislation, and doing away with unnecessary hurdles to care: “This first reading of the law is a real step forward for women’s right to control their bodies. Thousands of French women go abroad to have abortions every year. This decision to extend the time limits makes it possible to fight against social inequalities, since not all women can access care abroad, and against territorial inequalities, because all women in Europe should have the same right to safety and reproductive freedom.” (Full statement in French from Le Planning Familial here) The next step will be a vote on the reform in the French Senate. Abortion care: Spain plans to remove 2015 parental consent obstacle for 16 and 17-year-olds Spain’s government has announced its intention to reform the current abortion law to remove a hurdle introduced in 2015 by the ruling Conservative government requiring 16 and 17-year olds to seek parental consent before being able to access abortion care. Equality Minister Irene Montero also announced plans to promote relationships and sexuality education, given its role in protecting young people against the risk of gender-based violence, and to boost contraceptive access and choice. In a statement, our Spanish member the FPFE welcomed the government’s announcement, and hoped that it would be swiftly followed up with action to turn the commitments into reality, reiterating that the current parental consent requirement is a threat to young women's health, safety and autonomy.    On contraceptive care, they noted that the proposal to guarantee “the best possible access to contraception with its “most innovative and effective” forms… would bring the Spanish state closer to the level of access… in other European countries.” The FPFE also called for the announcement to “be accompanied by measures that guarantee public funding of all contraceptive methods…, to end the inequalities between autonomous communities, and of measures that also entail access for all women… regardless of their administrative situation.” (Full FPFE statement here; BBC article here)

IPPF EN is extremely pleased at Italy’s unveiling this week of new guidelines on medical abortion. The updated rules will be a great step forward for reproductive freedom in Italy, which has been curtailed for many years by the government’s failure to protect access to legal abortion care, in particular by allowing the widespread and systemic denial of care by medical professionals and institutions. The breakthrough comes after a decade-long campaign by Italian pro-choice activists. Announced by Health Minister Roberto Speranza on 8 August, the details of the reform were confirmed in the new guidelines released on 13 August.   A key change is the removal of a medically unnecessary requirement for a 3-day hospital stay in order to access medical abortion, which served only as an obstacle to care. Crucially, provision of medical abortions will be extended to local, public health centres and family planning services, making this essential healthcare more accessible to local communities and in particular vulnerable groups such as young people, migrant women and those with limited financial means.   The timeframe during which a woman or girl can access medical abortion has also been increased from 7 to 9 weeks since her last menstrual period, in line with World Health Organization recommendations and most other EU countries, thereby doing away with another arbitrary hurdle to those in need of abortion care. Medical abortion was approved over 10 years ago in Italy, but has had limited take-up as a result of the previous restrictions. The opportunity for positive change is all the more significant, given the obstacles to abortion care imposed by a system that for years has refused to protect women’s health and dignity.   “This bold move by the Italian government is a resounding victory. It follows protests in Perugia in June by activists outraged at a latest attempt to undermine women’s health and dignity. The new guidelines show that politicians have finally listened to calls to make women’s healthcare a priority. We believe that the new rules will support women’s freedom to access safe and respectful healthcare when they need it most,” said Irene Donadio, Senior Advisor at IPPF EN.    Campaigners and advocates will now need to focus their attention on the regional level, where coercive forces in some parts of the country are expected to try and stand in the way of the greater reproductive freedom that is made possible by the new guidelines. Training and financing will also be needed to support implementation of the new measures. Nevertheless, this week’s developments go beyond rhetoric and pave the way for true change in women’s lives. ¨¨ For press enquiries, contact: Anna Michalowicz, [email protected], +32 (0)496 734 164   Photo: RICA Prochoice/RU2020, Claudio Colotti  

On the 23rd of June, within the fourth package of “pandemic-related measures”, the Polish President amended the Criminal Penal Code to put pressure on judges to enforce the most severe punishment in Poland’s abortion law. These provisions include prison sentences of up to 8 years for those that perform abortions outside the limits of Poland’s already highly restrictive law. The law itself has not been changed, but the amendment restricts the space for interpretation formerly granted to judges and risks paving the way to a more rigid interpretation of abortion law.   Women's safety is not however the only target: changes to the Criminal Code  also include penalties for offending the President, petty thefts and involuntary medical mistakes.  With the Presidential election coming up this weekend in Poland, the ruling party’s actions would suggest it is seeking to cement its power and rally its base by passing this suite of changes, and further erode the rule of law, human rights protection and democracy. “Reports in the Polish and international media as well as declarations by members of PiS, the ruling party, point to a cynical political game which is being played at the cost of women’s lives, and much more. The rule of law and human rights are hijacked to gain points with a very conservative electorate before the upcoming election. These new changes to the Criminal Code will inevitably put further pressure on judges to conform to the ultra-conservative political agenda of the government” said Caroline Hickson, Regional Director of IPPF EN. In Poland, the legislation on abortion care is already amongst the most restrictive in Europe. Abortion is only lawful to safeguard the life or health of women, in situations of severe fetal anomaly or where the pregnancy results from rape or incest. Attacks to restrict rights further have been constant, with ultra-right groups influencing the PiS agenda. In May, the Polish Parliament already proposed to remove the legal obligation for medical facilities to refer patients to another facility if they refuse to provide abortion care based on personal beliefs, with potentially dramatic consequences for women, who may be unable to access care. The new provision aims to ensure the most restrictive and severe interpretation of the law opening the way to heavy prosecution and sentencing. Doctors who perform abortions have already faced increased prosecution for many years and women’s community support groups have become the target of attacks in the last two years. “These changes in law are nothing more than a trojan horse hidden in an anti-COVID-19 package. It’s yet another example of a government exploiting the pandemic to consolidate its authoritarian power, to weaken democracy and the rule of law, and to trample on human rights. They signal the continuation of the war on reproductive freedom and women’s rights. President Andrzej Duda has a track record of trying to swing votes by criticizing the EU stand on the Istanbul Convention which combats violence against women, relentless efforts to completely ban abortion, hatred campaigns against the LGBTI+ community and dismissing the EU consensus on gender equality and the protection of minorities from discrimination. The list goes on and it will worsen if he gets reelected” said Irene Donadio, Senior Adviser at IPPF EN. Polish civic groups – led by the Polish Women’s Strike coalition - are gathering outside the Presidential Palace in Warsaw in order to condemn these retrograde laws and ask for the protection of all people from coercion and ill-treatment. A performance and a silent protest respecting social distancing is being organized today at 18.00 despite the highly criticized limitations on assembly imposed by the Government as a way to fight the pandemic and tighten control over dissident voices. IPPF stands with the Polish Women’s Strike who continues to fight for their freedoms and EU values, and with the international community that continues to condemn the Polish ruling party's incursions on the rule of law and the safety and freedom of women.   For more information or an interview please contact: Irene Donadio, Senior Adviser at IPPF EN, [email protected], +32 491 17 19 390      

Amid the Covid-19 pandemic, bills banning abortion care in practice and endangering young people by criminalizing relationship and sexuality education are set to be voted in the Polish Sejm on 15 and 16 April 2020. The ultra-conservative ruling party is taking advantage of the enormous hardship faced by Polish people to continue its relentless series of attacks on women and young people’s safety and wellbeing. People are sick, domestic violence is growing, one million jobs have been lost, yet the government adds to the burden of lack of social supports.   The Polish law on abortion care is one of the most restrictive in Europe. Abortion is only lawful to safeguard the life or health of women, in situations of severe fetal anomaly or where the pregnancy results from rape or incest. In practice, 98% of legal abortions in Poland are performed on severe fetal anomaly grounds. During COVID-19 times, with travel restriction in place, hospitals overwhelmed by the health emergency, many from the medical staff already denying care based on personal beliefs or convenience, women’s options are drastically reduced. This proposed bill would result in a total abortion ban in practice, forcing women and families to go through pregnancies against their will in case of fatal fetal abnormality at a time of dramatic economic instability with no social support from the state. This shows how little women’s lives and dignity are valued by the Polish ruling class. The bill would also gag doctors by restricting what they can say to their patients about the condition of the fetus, violating patients’ rights to information. The change proposed by this bill is permanent and will place women’s health and lives at risk. “We know that when women and girls cannot access abortion care, in their desperation, they will resort to taking matters into their own hands, often with tragic consequences. Domestic violence is rising sharply, and families are stretched to the limits of their endurance. It is the moment when we most need to ensure we provide all the care that our societies need” said Caroline Hickson, IPPF EN Regional Director. The second bill would result in a complete ban on teaching relationship and sexuality education, sharing evidence-based information on the Internet, as well as forbidding doctors from providing contraceptive care to young people under 18. Those who work to protect young people by giving them information about healthy relationships, intimate life and prevention of violence could face a 3-year prison sentence under this draft bill. The only source of information young people could end up with is pornography and religious doctrines. UNESCO guidelines underline that education addressing equality between men and women and focusing on consent can reduce intimate partner violence. Why is this not a priority when violence against women is endemic and we know is even aggravated during the lockdown? “The timing of these bills is dodgy. As public protests cannot take place due to the measures put in place to fight the pandemic, women are silenced. The medieval forces behind these proposals know massive protests would have been organized across the country to fight these draconian bills. Enough is enough” said Irene Donadio, IPPF EN Senior Adviser. We call on Members of Poland’s Parliament to listen to the voices of women and families across Poland, to protect women’s safety and young people’s health and to reject these regressive bills. The Polish government must prioritise people’s health and wellbeing, democracy and the rule of law. Exploiting the health crisis to attack women’s health care is reckless, cruel and a guarantee of aggravated human suffering.   For more information or an interview please contact: Irene Donadio, Senior Adviser at IPPF EN, [email protected], +32 491 17 19 390

Joint press release with Amnesty International, Centre for Reproductive Rights, Human Rights Watch and International Planned Parenthood Federation. 100 groups call for urgent measures to safeguard access to abortion.   European governments should urgently guarantee safe and timely access to abortion care for women and girls in the region during the COVID-19 pandemic, 100 nongovernmental organizations said today.   Many women and girls in Europe are struggling to safely access abortion care during the pandemic as barriers caused by highly restrictive abortion laws and onerous administrative requirements to access abortion services make safe access to this essential health care extremely difficult. The call comes as Poland’s parliament prepares to debate a draconian new law that would make one of the region’s most highly restrictive abortion laws significantly more stringent. “European governments must act urgently to guarantee safe and timely access to abortion care during the COVID-19 pandemic,” said Leah Hoctor, Regional Director for Europe, Center for Reproductive Rights. “They should move swiftly to eradicate all medically unnecessary requirements that hamper access to abortion care and should authorize women to access early medical abortion from their homes.” Governments should recognize abortion as essential health care and should take measures to ensure that women and girls can safely access abortion care.  Most governments in the region have not implemented measures to ensure safe and timely access to essential sexual and reproductive health services, supplies or information during the pandemic, including for at-home management of medical abortion. Many hospitals and clinics have reduced reproductive health services to a bare minimum, or closed altogether due to staff shortages and reassignments, among other reasons. In many places, accessing normal clinical services has become extremely difficult. Restrictions to reproductive health services disproportionately affect women living in poverty, women with disabilities, Roma women, undocumented migrant women, adolescents, trans and gender non-binary people, and women at risk of or who are survivors of domestic and sexual violence.   Particular concerns arise in relation to those six European countries where abortion is still illegal or severely restricted and in countries where, due to a range of barriers such as administrative processes or doctor’s refusals of care due to their private beliefs, women are often forced to travel abroad to access abortion care or to obtain abortion medication from other countries by post.   The harmful impact of these highly restrictive laws and barriers are compounded in the current context as it may now be impossible for women to travel to access legal abortion abroad or to obtain medication sent by post from medical providers in other countries. “Whilst the pandemic is impacting every aspect of our lives, it should not be used as an excuse to undermine women’s rights to make decisions regarding their reproductive and health rights,” said Caroline Hickson, IPPF EN Regional Director.   Read full civil society statement here. For more information or to arrange an interview contact: Caroline Hickson, IPPF EN Regional Director, [email protected], +32 491 908767