Investigate, Protect Rights Defenders, End Hateful Rhetoric (Berlin, March 31, 2021) – Bomb and death threats targeting at least seven groups in Poland for supporting women’s rights and the right to abortion are disturbing reminders of escalating risks to women’s human rights defenders in the country, Human Rights Watch, CIVICUS, and International Planned Parenthood Federation European Network (IPPF EN) said today. The authorities should urgently investigate, protect the women targeted and hold those responsible for the threats accountable. Polish officials should also counter abusive misinformation campaigns targeting activists. “The increasingly hostile and even violent environment for women’s rights and their defenders in Poland should ring alarm bells for Polish authorities and European Union leaders,” said Hillary Margolis, senior women’s rights researcher at Human Rights Watch. “Women’s rights defenders should be able to express themselves publicly, including when they oppose government policy, without having targets on their backs.” Human Rights Watch, IPPF EN, and CIVICUS collected information between March 15 and March 26 from seven organizations in Poland that have been threatened due to their work for or perceived support of women’s rights issues, including Abortion Dream Team, Federation for Women and Family Planning (Federa), Feminoteka, FundacjaFOR, Helsinki Foundation for Human Rights, Women’s Rights Centre (Centrum Praw Kobiet), and All-Poland Women’s Strike (Ogólnopolski Strajk Kobiet). At least six human rights organizations in Warsaw, including the women’s rights groups Feminoteka, Women’s Rights Centre and Women’s Strike, received bomb threats via email on International Women’s Day, March 8, 2021. The threats said they were “payback” for supporting the Women’s Strike movement, which has been at the forefront of mass protests following increased restrictions on access to legal abortion. Some organizations received the threat at multiple email addresses. Federa, a reproductive rights group, received bomb threats via email on March 12 and March 23. Members of the Women’s Strike and the Consultative Council (Rada Konsultacyjna), an independent body of groups established to develop legal and policy measures to address Women’s Strike protesters’ demands, received further bomb threats via email on March 20 and March 23. The March 20 threats targeted a performance on that day by an artistic collective in central Warsaw at Szklany Dom (Glass House), near the residence of Deputy Prime Minister and leader of the ruling Law and Justice party (Prawo i Sprawiedliwość, PiS) Jarosław Kaczyński. The performance proceeded following checks of the building by police. Warsaw city council member Dorota Łoboda, a member of the opposition Civic Coalition and active supporter of women’s rights and the Women’s Strike movement, also received bomb and death threats. The district prosecutor’s office is reportedly pursuing an investigation into threats against Łoboda. Staff members at Feminoteka, Federa, Women’s Rights Centre, Women’s Strike, FundacjaFOR, Helsinki Foundation for Human Rights, and Grupa Stonewall reported bomb threats received between March 8 and March 23 to police, who checked the premises of their offices and found no evidence of explosive devices. However, some said that the police minimized the security risks and made no commitment to open and pursue a full investigation. Only one person who had reported threats had been told by the police after she inquired that they sent the file to the prosecutor, but she received no information about whether the prosecutor would pursue the investigation.  These escalating threats come amid ongoing public protests led by the Women’s Strike movement following an October 2020 ruling by Poland’s politically compromised Constitutional Tribunal that virtually eliminates access to legal abortion. The ruling officially took effect after publication in the national Journal of Laws in January. Activists said their sense of insecurity is heightened by government rhetoric and media campaigns aiming to discredit them and their work, which foster misinformation and hate that can put their safety at risk. “I feel like I am not safe here and that they [the government] make choices about who deserves protection and respect,” said a Federa staff member. “For me this is very serious, because it is not just some freaks who send us a message [saying] ‘you are a murderer.’ It is in the whole context of what is going on in Poland, where what we are doing is really perceived as something evil.” Several women’s rights defenders have been detained or face what they claim are politically motivated criminal charges, including for allegedly praising vandalism of churches, obstructing religious services, and creating an “epidemiological threat” for protests held during the Covid-19 pandemic. “Instead of stoking anger against those trying to uphold basic rights, Polish officials should focus on doing everything in their power to protect women and women’s rights, including the rights to peaceful assembly and free expression, to access safe and legal abortion, and to be protected from violence,” said Aarti Narsee, Civic Space researcher at CIVICUS.  Police should thoroughly investigate threats of violence against women’s rights and other human rights defenders and punish those responsible, the organizations said. They should work with those targeted to put in place security measures to ensure women’s rights defenders can continue their work without fear of violence or reprisals. Prosecutors should drop any politically motivated and baseless charges against activists. Officials should counter public campaigns aimed at spreading misinformation about and generating hatred toward women’s and human rights groups. European Commission officials should press Polish authorities to investigate threats and hold those responsible to account, and guarantee the right to peaceful protest without fear of reprisals or violence. The European Commission should also press Polish government officials to refrain from using hostile rhetoric against women’s rights activists and other critics of government policies. “This is simply another indication of how far the rule of law has fallen in Poland, and the impact that has on basic freedoms for everyone,” said Irene Donadio, senior lead on strategy and partnership, IPPF-European Network. “Allowing Poland to continue flagrantly disregarding and undermining these rights without consequence is dangerous not only for women and girls in Poland, but throughout Europe.” For detailed accounts and additional information, please see here.  

An interview with Marta Lempart from Strajk Kobiet (Women’s Strike)   How does it feel to be a woman human rights defender in Poland, at a time like this? As women, I think we are born and raised to endure harassment of different types. When you are a woman, if you do something that doesn’t fit in, you will be punished for it. Ostracized.  We weren’t unprepared for that. We’re prepared for that since the day we are born, to be harassed for having opinions, speaking loudly or not agreeing with what is happening. It’s just a matter of scale and I think it is much harder for the people who are not in the spotlight as much as me, who suffer and fight without recognition. We actually have a whole program dedicated to supporting activists who are in burnout. We’re at the stage where most of us need help, because this is hard. Being subjected to smear campaigns by the local media who is purposefully targeting local leaders and activists is very difficult and puts a lot of pressure on people. But we will continue to fight, we will not waver.   How does it feel to be marching for basic rights to safety, security and protection from torture in Poland in the year 2021?  The fact it's 2021 is not the worst part: I’m thinking of those who marched 20 years ago, with no massive movements. Many more rights were accessible back then but I think their frustration was even worse than ours now. Now, we’re so many. It’s a massive event. We’re at that stage of every human rights movement when it becomes massive and when regular people – not only join it, but help build it up. The fact that it’s 2021, that’s just how it is. We’ve been talking a lot about the Argentinian struggle. In their battle for safe and legal abortion, they had to fight so much, even take some steps backwards when they lost in the Senate, but they prevailed. That said, it was certainly unfair that they had to go through all those struggles for a right that should be guaranteed.   What does a society post-ultraconservatism look like for you? Some human rights have been forgotten, we need to build them up again and defend them. Poland was about democracy, free media, free judiciary, free elections. But we lost that. We managed to create this ‘democracy’ that doesn’t care about human rights, in particular women’s rights, LGBT, minorities, senior, disabled, lower income people’s rights. We built a country that has economic policies, but it doesn’t have coherent and strategically planned social policies for everyone to be protected.  We’re determined to not make that mistake again. I think young people will make sure of that and ask for a democracy that values human rights. Things are changing. For the first time, the opposition party announced that they are in favour of legalizing abortion. They are now forced to acknowledge it’s an element that’s important in public life. Polish people will never be silent again.   What is happening in terms of protection of women from violence in Poland at the moment? Our government is copying the Russians. The Polish Minister for Social Policies, Labour and Family drafted an official government bill that follows the Russian example in saying the first act of domestic violence is not domestic violence, domestic violence has to happen more than once to be seen as such. This bill would also dismantle our ‘blue card’ system which ensures the obligation of any institution (police, social workers, teachers, NGOs etc) to flag cases of domestic violence. The bill would also lift the obligation of the state to provide a helpline for survivors of domestic violence. The only thing that stands in the way of adopting this bill is the Istanbul Convention on preventing violence against women. So the government is now pushing to withdraw from the Convention, the single, most powerful international tool meant to fight violence against women. They are fighting the Convention on two fronts: first is the civic bill which demands Poland’s withdrawal from the Convention - this is currently up for debate in the Parliament, then there is the review of the Convention being conducted by the illegally-appointed Constitutional Court. Sounds familiar to what brought us the virtual abortion ban, doesn’t it? This is not only a human rights issue, but an issue of rule of law and  judicial independence. If the EU institutions don’t stop pretending this is the case and sanction Poland, we will live in a state that will not pursue cases of domestic violence.   How do you position attempts to deny women's freedom within the broader assault on democracy and civil liberties in Europe? Backsliding on human rights in Poland would have been impossible if we had judicial independence and if we had the rule of law. But we don't. It has been teared down now. It's a kind of a loop for me also because, when the whole thing started in 2015, the first protest that I attended was not a protest against the abortion ban, but judicial independence – for the independence of the Constitutional Court. And five years after, we're back at the same place. It took us 5 years to actually answer the question: why is it important? Now we know why these illiberal forces took over the Polish Constitutional Court. They need it to change any law they want, to strike down any right they want, to take away any freedom they want, and pretend that this is the Court's ruling. In the past, it was too abstract - democracy, judicial independence, the rule of law - these were just words for many people in Poland. Now people understand how important it is.  It's really sad to see that the European Institutions don't understand that, that European politicians don't understand that, or they just try not to see the link.    What would your message to EU citizens who want to support Polish women's fight for dignity and freedom be? Write to a politician, choose one European politician, choose one national politician, and tell them that Polish people are Europeans and they need to be fought for. And that everything that’s happening to human rights and women's rights in Poland is happening because of the erosion of the rule of law and destruction of judicial independence. Tell your politicians to sanction the Polish government, to use budget conditionality. We don't need their mercy, we don't need them to cry their tears about the sad lives of Polish women and make populist statements, we need them to see us as part of the European community, as equal citizens and act. We see similar backsliding trends in Italy, Croatia and Hungary and many other countries. At some point, we also did not imagine - could not imagine - that we could lose so many rights. But we did. It can happen anywhere.   What gives you hope on this day?  I am sure that we will win. And I see this in young people, - they are the ones that will actually decide what will happen, and they are having these protests with music and dancing because they know that this will just be a phase. They wouldn’t dance in the streets if they didn't believe that it was just a phase. And that we will win. Photo credited to MBK. 

The International Planned Parenthood Federation (IPPF) welcomes the news of President Biden’s decision to keep his promise and repeal the harmful Global Gag Rule (GGR) – also known as the Mexico City Policy.    Since its expanded reintroduction in 2017 by the previous administration, the Global Gag Rule has contributed to an increase in unintended and high-risk pregnancies, unsafe abortions – culminating in unnecessary maternal deaths. For IPPF, 53 healthcare projects in 32 countries were impacted by GGR, with some Member Associations losing up to 60% of their funding.   IPPF’s Director-General, Dr Alvaro Bermejo said:    “I welcome the decision by President Biden to repeal the Global Gag Rule.   “The expanded reintroduction of the gag was callously designed to deny women the right to decide what happens to their body. Whilst we know this policy is intended as a tool to attack abortion care by the anti-choice movement, not only has it led to reproductive coercion, it has cut deeper into healthcare provision: from HIV prevention programs to maternal health to contraceptive access – no one was spared the fallout of this policy.     “What lies ahead of us is years of work to undo the harm caused by Global Gag Rule, and to build back a better and stronger relationship with the US – one where our work is not under threat from future anti-sexual and reproductive health administrations. To protect the rights of future generations of women and girls, we ask that the Biden-Harris administration take the necessary steps to permanently repeal the Global Gag Rule. Without a permanent repeal, the global gag remains a constant threat to women, girls, youth and marginalized communities. Reproductive rights, bodily autonomy and the human right to decide what happens to your body cannot be at the mercy of a pen stroke.     “IPPF looks on with hope and welcomes the opportunity to work closely with the Biden-Harris administration to protect and advance sexual and reproductive healthcare for all.”   And President and CEO, Planned Parenthood Federation of America, Alexis McGill Johnson said:  “Over the past four years, the United States didn’t just fail to support global reproductive health care access – it actively blocked it. Today, we applaud the beginning of a new chapter, as the Biden-Harris administration puts an end to the devastating global gag rule, which has prevented millions of people around the world from receiving essential health care. We look forward to working alongside the administration and Congress to pass the Global HER Act, to permanently protect access to sexual and reproductive health care across the globe from changes in White House political control. It is long past time that the United States proudly declares to the world that reproductive rights are human rights.”     IPPF would like to thank the international community who stepped in and stepped up to help fill the funding gap that was left by the Global Gag Rule. Together, we will continue to fight and deliver sexual and reproductive health and rights.  

As of yesterday 27 January, a near-total ban on abortion has become the reality for women in Poland as the October 2020 judgement of the country’s Constitutional Tribunal was published in the journal of laws. This unlawful judgement would remove the possibility for women to access abortion in cases of severe and irreversible foetal defects, and threaten doctors who provide abortion care with 3 years in prison. The wording, which dismisses women’s wellbeing as a valid reason for termination of pregnancy, opens the way to potential further bans of abortion in cases of rape and incest. Angry citizens immediately took to the streets in 51 cities around the country, and further mobilisation is planned over the coming days. The announcement results from the deliberate dismantling of the rule of law in Poland. The president and three of the judges of the Constitutional Tribunal were illegally and politically appointed in order to steer the rulings of this crucial body. Poland is in legal limbo. The announcement cannot be considered a legal act. “This move is an outrageous violation of authorities’ basic duty to protect the life and health of their citizens. It will endanger women. It is intended to create terror and lead to the prosecution of doctors and any family member, friend or other person helping women to access this vital care,” said IPPF European Network’s Irene Donadio “We stand with Polish women and with the brave individuals who will continue to help women to access abortion care when they need it, in spite of this violent, illegitimate move. Outraged Polish citizens are fighting to support doctors and family members threatened with criminal sanctions, and expose those who choose to side with this cruel announcement, betraying and harming women and their families,” added Donadio. The Polish government must stop trying to silence ordinary people with the same violent repression and attacks we have witnessed this past three months from law enforcement and far-right groups. Citizens must be protected. This illegal announcement is only one example of abuse by Poland’s authoritarian government which now exerts a near-absolute control over the country’s judicial institutions. It opens the door for further dangerous judgements, including the dismantling of protection for victims of domestic and gender-based violence, offered by the Istanbul Convention. Respect for the rule of law and independence of the judiciary are fundamental European principles. But in Poland they have been replaced with rule, by the most powerful, and by cruelty and dogma. Polish people need the EU to help uphold the rule of law and democracy in their country. We stand with them. Europe must not abandon Polish citizens. -ENDS- Media contact: Irene Donadio - [email protected] - +32 491 71 93 90

Civil society sent a letter to EU Commissioners to raise concerns regarding the deterioration of the rule of law and fundamental rights in Poland. In light of recent developments and continued and persistent attacks against the rule of law and human rights in Poland, we believe it is critical for the European Commission to issue an update to its Reasoned Proposal under Article 7(1) of the Treaty on European Union (TEU) expanding the scope of the ongoing procedure to include violations of EU values as set out in Article 2 TEU. We commend the European Commission’s efforts to hold the Polish government to account for violations of EU law. Further action, however, is urgently needed, on account of the continued deterioration of the rule of law and fundamental rights in Poland, and repeated failures by the Polish government to comply with the Commission’s Recommendations and with the decisions of the Court of Justice of the European Union (CJEU). We now respectfully request the European Commission to: issue an update to its Reasoned Proposal of December 2017 to extend EU scrutiny to recent developments and all Article 2 TEU violations; urge the Council to move forward with the ongoing procedure under Article 7(1) TEU, as requested also by the European Parliament in its September 2020 resolution;[1] call on Poland to implement all previous Commission Recommendations and CJEU decisions, and to restore the independence and legitimacy of the Polish judiciary, including the Constitutional Tribunal, without further delay.   For more information on the context in Poland please read the full letter above and the related content.  [1] European Parliament resolution of 17 September 2020 on the proposal for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (COM(2017)0835 – 2017/0360R(NLE)), https://www.europarl.europa.eu/doceo/document/TA-9-2020-0225_EN.pdf.

Press statement 24 November, IPPF EN and CIVICUS Civil society organisations express serious concerns over civic space restrictions in Poland Detention and intimidation of protesters by authorities a huge concern Protests sparked by decision to impose a near-total ban on abortion Polish authorities must immediately stop using excessive force and detaining and intimidating protesters, including minors. Spontaneous protests against the ruling Law and Justice Party (PiS) have been held throughout the country since 22 October, prompted by the decision of the Constitutional Tribunal to impose a near-total ban on abortion. CIVICUS and IPPF EN, the International Planned Parenthood Federation’s European Network, are concerned about the use of violence by authorities and non-state actors against protesters. Lawyers assisting protesters have documented how authorities have used kettling, pepper spray and physical violence against protesters. These methods all involve close contact and may lead to an increase in the risk of COVID-19 infection. Just last night, a police car hit a protester and police detained a photojournalist, even after she presented her press card. In another incident, a member of the Internal Security Agency deliberately drove into protesters, injuring two people, with one ending up in hospital with sustained injuries. Anti-terrorist groups are also being deployed to deal with peaceful assemblies, hitting protesters with batons. We are also concerned about the further potential escalation of violence against protesters  by far-right groups in Poland. A recent undercover investigation reveals how members of the National Guard received training on how to shoot to kill. The guard was set up by far-right leaders to defend Catholic institutions and is supported by Jarosław Kaczyński, the Deputy Prime Minister and leader of the PiS party. Kaczyński, who is responsible for security issues, called for groups to “defend the church at all costs”. Violence by far-right groups against protesters has already been documented during protests. The systematic persecution of protesters also needs to stop. Protesters in Warsaw are being detained and taken to police stations up to 30 kilometres outside of Warsaw, under the guise of ensuring COVID-19 safe spaces, with limited or no access to legal representation. We condemn the Polish government for using COVID-19 as a pretext to restrict the rights of protesters. At least 67 people have been detained for protesting thus far: “I have  witnessed growing police violence and irrational harassment of protesters. We have to be prepared to drive out of Warsaw to nearby cities where protesters are being taken even if they get arrested in the centre of the city. Citizens of all genders and ages end up at police precincts having to explain and justify why they wish to exercise their constitutional rights. Naturally, complaints will be filed to declare these detainments as illegal, disproportionate and unjustified. Poland is a democratic country, and as human rights defenders we will fight for it to remain so,” said Eliza Rutynowska, lawyer assisting detained protesters. Authorities are targeting young people who have attended, or freely expressed support, for protests. A 17-year-old was knocked to the ground by police during a protest and detained overnight; a 14-year-old who shared a Facebook post about a planned walk-in protest in his neighbourhood was threatened with criminal prosecution. Another 14-year-old who attended a protest with her grandmother was openly confronted by police and accused of organising demonstrations. Some teachers and professors have threatened students with disciplinary action for showing support for the Women's Strike (StajkKobiet) and for participating in protests: “The right to protest is a fundamental civic freedom which is currently under threat in Poland. We are concerned that as spontaneous protests continue, the use of excessive force and the persecution of protesters will escalate. This is already being demonstrated by the attacks on young protesters, whose right to free expression is under attack,” said Aarti Narsee, civic  space researcher, CIVICUS. The EU must step up and condemn attacks on Polish protesters. We call on the EU to make use of, and continue to further strengthen, all its legal and political tools, including recommendations under the EU Rule of Law Framework; we also call on the EU to ensure that access to funds is dependent on states respecting human rights. “Poland is a country that wants to veto the next seven-year EU budget, the bloc's COVID-19 recovery plan, and an EU plan to make transfers of EU funds to member states conditional on states respecting the rule of law. The vast majority of Polish citizens are in favour of the EU clause on conditionality of funding and in favour of protests. The EU must intervene,” Irene Donadio, International Planned Parenthood Federation, European Network. We call on authorities to refrain from the use of excessive force and detention of protesters, who are exercising their right to peaceful assembly. Police officials who have used excessive force towards protesters must be immediately investigated and held accountable.   Notes to Editors: Civic space in Poland is rated Narrowed by the CIVICUS Monitor Latest country update by the CIVICUS Monitor

Press statement 28 October, IPPF EN and CIVICUS Polish law enforcement and military which is being deployed today, must refrain from using excessive force against peaceful protesters who have taken to the streets around the country to express their discontent with the Polish government under the ruling PiS (Law and Justice) party.   Protests were prompted by the decision of the Constitutional Tribunal, to impose a near ban on abortion on 22nd October. The protests are currently in their seventh day and have drawn support from a wide variety of people, including miners, taxi drivers, farmers and trade unions. CIVICUS and IPPF EN are concerned that these peaceful protests are being met with excessive force and violence from law enforcement officials and far-right groups. Footage documented by activists and journalists on social media show police using teargas, pepper spray and physically assaulting protesters. This is contrary to standards set out in international human rights law and the EU Charter of Fundamental Rights, which guarantees the right to peaceful assembly. In addition, the Prime Minister’s announcement that the military will be sent to the streets on 28th October (today), officially for COVID-19 reasons, is worrying given that UN standards indicate that the military should not be used to police assemblies. It is unacceptable that the Polish government is using COVID-19 as a pretence to repress peaceful protests. The Polish government has already been strongly criticised for using the pandemic to consolidate power and gag opposition, and it has previously done nothing to punish violence against peaceful demonstrations by far-right groups. “Tens of thousands of people are currently taking to the streets of Poland to demand fundamental human rights amid the COVID-19 pandemic. Instead of protecting protesters, the authorities have used tear gas, pepper spray and physical assault. The deployment of the military adds to the concern that violence against protesters may escalate as protests continue to grow,” said Aarti Narsee, Civic Space Researcher at CIVICUS “We are gravely concerned about the safety of women in Poland. The ruling of this tribunal has trampled upon their rights and freedoms and now their protests are being stifled by the police and army. Citizens cannot be bullied. We ask the European Union to stand firm against the erosion of civil liberties and show solidarity with defenders of fundamental rights in Poland,” said Irene Donadio, Senior Lead for Strategy and Partnerships at IPPF EN.  We urge the Polish government to end restrictions on peaceful protesters. We also call on EU leaders to condemn attacks and violence perpetrated by the authorities and non-state actors.   Notes to Editors: CIVICUS report: https://monitor.civicus.org/updates/2020/10/28/thousands-protest-constitutional-tribunal-imposes-near-ban-abortion/ Joint CIVICUS/IPPF EN letter sent to EU institutions : https://www.ippfen.org/news/poland-concerns-over-use-excessive-force-against-peaceful-protesters   Press contacts: CIVICUS: [email protected] IPPF EN: Irene Donadio - [email protected], +32 491 71 93 90 Photo credit: Spacerowiczka.

Letter sent to the President of the European Commission, Commissioners, the German Presidency and the President of the European Parliament by IPPF EN and CIVICUS. Photo credit: Spacerowiczka.   Subject: Concerns over use of excessive force against peaceful protesters in Poland, following decision of illegitimate Constitutional Tribunal which violates human rights   Dear Presidents, We write to bring to your attention our deep concerns regarding developments unfolding in Poland, due to the use of excessive force during peaceful protests against the deteriorating situation of the rule of law and human rights in the country. On 22 October 2020, the Polish Constitutional Tribunal ruled that access to abortion care on the grounds of “severe and irreversible foetal defect or incurable illness that threatens the foetus’ life” is unconstitutional. This decision imposes even more severe restrictions on women’s sexual and reproductive health and rights and amounts to a near ban on all legal access to abortion care in the country. This ruling will have a devastating impact on women’s health and put their lives at risk, and is in violation of Poland’s international human rights obligations. As noted in our previous letter[1], the government has been implementing measures that undermine judicial independence and the rule of law in Poland, thus raising concerns about the legitimacy of the Constitutional Tribunal. These concerns have been denounced by the EU and other institutions. Following this decision, tens of thousands of people have taken to the streets to express their discontent with the Polish government under the ruling PiS (Law and Justice) party. The protests have spread across Poland and are currently in their seventh day.  The protests, which were originally led by women’s rights groups such as Strajk Kobiet (Women’s Strike), are now widely supported by a variety of groups of Polish people, including miners, taxi drivers, farmers and trade unions[2]. Due to current COVID-19 restrictions on public gatherings, protesters had to be inventive, including by using their cars to block traffic. On 28th October, the protest organisers are planning on holding a women’s strike, similar to those that took place in 2016 in response to a previous effort to restrict the abortion law. We are concerned that these peaceful protests are being met with excessive force and violence from law enforcement officials and far-right groups close to the ruling party. Footage documented by activists and journalists show police using teargas, pepper spray and physically assaulting protesters[3]. Videos document how in one instance a police officer drags a protester by the feet and hits him with a gas cylinder, while a woman trying to stop this is elbowed in the face by an officer.[4] Activists on the ground have documented 17 arrests thus far, but these could be underreported. In one case reported on social media, a protester was detained in the middle of the night after returning home from a peaceful protest in Poznan[5]. In Warsaw, one parish priest gave far-right activists permission to defend his church from protesters, and they began physically removing women from the premises as a result[6].The actions of far-right groups are particularly worrying given how they are often able to act with impunity, in stark contrast with the repressive measures taken by the authorities against human rights defenders. The use of excessive force by law enforcement officials, and their failure to protect peaceful protesters from violence by other civilians, are contrary to standards set out in international human rights law and the EU Charter of Fundamental Rights[7], which guarantee the right to peaceful assembly. We urge you to prevent history from repeating itself as we recall the inaction of the Polish police, when Pride protesters were violently attacked by far-right groups during the first Bialystok LGBTIQ equality march on 20 July 2019. The Prime Minister announced that the military will be deployed to the streets on 28th October, officially for COVID-19 reasons[8]. Guidelines from the UN Special Rapporteur on Freedom of Association and Assembly make it clear that as a general rule, the military should not be used to police assemblies. Even in exceptional circumstances where this becomes necessary, the military must be subordinate to civilian authorities.[9] It is unacceptable that the Polish government is using COVID-19 as a pretence to repress peaceful protests. These attacks take place within the context of rapidly declining civic space in Poland, which includes the erosion of media freedom and judicial independence,[10] and a crackdown on LGBTI and human rights activists and associations[11]. Soon, women's right to be protected from domestic violence could also be threatened by an upcoming decision of the Constitutional Tribunal, which could declare the Istanbul Convention unconstitutional[12]. We call on you as EU leaders to denounce the use of excessive force and violence against peaceful protesters and to protect the rights and lives of European citizens against their authoritarian governments. We also call on EU leaders to condemn attacks and violence perpetrated by non-state actors including far-rights groups and ensure that those who attack protesters are held accountable.   [1] https://www.ippfen.org/news/poland-decision-constitutional-tribunal-may-lead-human-rights-violations [2] https://notesfrompoland.com/2020/10/26/farmers-taxi-drivers-and-miners-show-support-for-abortion-protests-in-poland/?fbclid=IwAR2ObBYgSbSLeJorN1D-PIPe-yLGiB6pCfKi8t22FamTcNhmWvKlNdz8oSs [3] https://monitor.civicus.org/updates/2020/10/28/thousands-protest-constitutional-tribunal-imposes-near-ban-abortion/ [4] https://twitter.com/RemyBonny/status/1319928228480380928 [5] https://twitter.com/RemyBonny/status/1320667783668109312 [6] https://twitter.com/notesfrompoland/status/1320382902820048896 [7] https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/know-your-rights/freedoms/freedom-assembly-and-association_en [8] https://www.polishnews.co.uk/military-gendarmerie-directed-to-help-the-police-ministry-of-defense-this-is-standard-activities/ [9] A/HRC/31/66, para. 66: https://www.ohchr.org/Documents/HRBodies/CCPR/GC37/SR_FreedomPeacefulAssembyandassociation.docx [10] https://monitor.civicus.org/updates/2020/03/16/new-law-set-erode-judicial-independence-and-municipalities-declared-lgbti-free-zones/ [11] https://monitor.civicus.org/updates/2020/10/05/crackdown-lgbti-rights-continues-feminists-protest-over-withdrawal-domestic-violence-treaty/ [12] https://www.politico.eu/article/poland-court-violence-against-women-istanbul-convention/

On 22 October, Poland’s Constitutional Tribunal ruled that the country’s abortion law is unconstitutional, specifically striking down the possibility for women to access abortion care on the ground of severe foetal impairment. This cruel, regressive move has been made possible by the ruling PiS party’s deliberate erosion of the rule of law and democratic values in the country, and its placement of politically appointed judges into a body that, when carrying out its legitimate duty, is responsible precisely for upholding the rule of law. The ruling is just the first concrete manifestation of how the current situation in Poland enables PiS to violate human rights. Today’s decision automatically removes the only ground on which Polish women have still been able to access abortion care in practice, when they needed it for therapeutic reasons. The result will be agonising for women and their families, forcing some to continue through pregnancies against their will, including in cases of fatal or severe foetal impairment, while others will have no choice but to travel abroad to seek care if they have the financial means to do so, or to seek underground abortions. This decision will needlessly increase the suffering of women already facing very difficult situations. Such inhumane and degrading treatment has been described by the European Court of Human Rights as tantamount to torturing women. This act of reproductive coercion is in line with the agenda of Poland’s ruling PiS party, which continues zealously to mount attacks against women’s reproductive rights and freedom. Public opinion in Poland does not support a ban on women’s access to abortion care. The European Commission has already expressed serious concerns regarding breaches of the rule of law in Poland, and has proposed to make EU funding to Member States conditional on respect for this EU value. “On this sad day, as we mourn the extinguishing of Polish women’s remaining sliver of access to abortion care, we call on EU Member States to back this measure aimed at protecting EU values, and to strongly condemn such blatant violations of human rights in Europe. Today’s decision in Poland is a stark illustration of what ordinary people stand to lose,” said IPPF EN’s Irene Donadio. In addition to marking a devastating day for women’s safety in Poland, 22 October may also see reproductive bullies mark their hatred for women and LGBTI people at the international level. Regressive governments from around the world, including Poland and Hungary, will sign a farcical Trump-led document with no legal basis, with which they attempt to defy international consensus in support of sexual and reproductive health and rights. Today may also be the day that the United States confirm Amy Coney Barrett, known for her anti-abortion views, to the Supreme Court.   Photo credit: Katarzyna Pierzchała - Obywatel KP Fotograf

We are relieved to hear that the attempt by Slovakia’s ruling coalition to restrict Slovak women’s right to abortion has been voted down by parliament today. In so doing, parliamentarians have saved women from a slew of retrogressive measures which would have deprived them of access to information about abortion, forced them to justify their decision to professionals from two distinct healthcare institutions, and obliged them to wait 96 hours between their decision to seek abortion and the attainment of care. These were measures without any grounding in medical guidance and which serve only to make women’s access to healthcare more difficult, degrading and unsafe. Happily, the parliament has voted to adhere to WHO guidelines and international human rights law, and to not break step with the Slovak public who are against further restrictions to abortion, according to a 2018 poll. IPPF EN is grateful to the men and women who mobilized to defend reproductive rights, making their voices heard in spite of current restrictions on public gatherings due to the COVID-19 crisis. This is the second time in as many years that they have been forced to streets in defense of human rights. "We are all very happy that reproductive rights in Slovakia remain untouched. The restrictive draft law did not pass and I believe it is also thanks to the mobilisation of women and men around the country as well as huge support from abroad. The voice of solidarity makes a difference. However, the MPs who submitted the draft law already announced that they are going to continue in their efforts to restrict access to safe and legal abortion. This is not going to end soon and we need sustainable strategies for feminist politics." said Zuzana Maďarová, Slovak researcher and Nebudeme ticho activist. This regressive initiative cannot be seen outside the context of a broader trend of hostility towards women’s reproductive freedom. At this very moment, Polish women are waiting to hear whether their Constitutional Court will ban access to abortion care in cases of severe fetal anomaly (one of the only circumstances where abortion is accessible, in practice). We know that Polish women are sometimes forced to travel to Slovakia to seek abortion care, it is a small mercy that this option has at least been kept open.