Informujemy, że Państwa dane osobowe są przetwarzane przez Fundację Instytut na Rzecz Kultury Prawnej Ordo Iuris z siedzibą w Warszawie przy ul. Górnośląskiej 20/6, kod pocztowy 00-484 (administrator danych) w celu informowania o realizacji działań statutowych, w tym do informowania o organizowanych akcjach społecznych. Podanie danych jest dobrowolne. Informujemy, że przysługuje Państwu prawo dostępu do treści swoich danych i możliwości ich poprawiania.
Skip to main content
PL | EN
Facebook Twitter Youtube

The UN urge the member states to support abortion

Published: 27.11.2018

fotolia

The United Nations order the states that have ratified the International Covenant on Civil and Political Rights (including Poland) to guarantee the "right to abortion". At the same time, the organisation appeals to countries where "assisted suicide" already exists to guarantee appropriate procedures for its application. This is stated in the General Comment on Article 6 of the Covenant concerning the right to life.

The aforementioned Covenant guarantees the right to life, yet the UN, in their Comment, mandate States Parties to the Covenant to provide for the possibility of killing a child in certain cases by performing an abortion. It is also stated that the state must not impose restrictions on access to abortion, which are i.a. allegedly discriminatory towards mothers. Moreover, it obliges the countries that have ratified it to ensure that abortion is always legal and that access to it "effective and affordable".

The Comment also refers to the social aspects of killing of a child through abortion. It shows that young people need to be educated about abortion and have access to fertility inhibitors. The UN also stated that women and girls who have killed an unborn child through abortion ought to enjoy guaranteed "protection" by the state during and after the abortion. It is supposed to ensure "confidentiality". In practice, this constitutes a restriction of the right of the immediate family to information about the unborn child and a restriction of the right of parents to bring up their children in accordance with their convictions.

The Comment discusses also euthanasia and assisted suicide. The UN recognise that the very decision to die made by a suffering person is sufficient to abolish the protection of the right to life guaranteed by the state and, at the same time, creates an obligation on the part of the state to support the "assisted suicide".

"The right to life of the unborn child has been completely omitted from the adopted Comment. However, what remains in force, is Article 6 (5) of the Covenant confirming that the unborn child has a separate legal entity in relation to its mother and that its right to life is protected. It is also worth recalling that the provisions of the 1989 UN Convention on the Rights of the Child, which are still binding on Poland, clearly indicate that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth," notes Rozalia Kielmans-Ratyńska, Deputy Director of the Ordo Iuris Centre for International Law.

The adopted Comment contradicts the agreement reached by the signatories of the Covenant at the Cairo International Conference on Population and Development, which states that "any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process." Furthermore, the Comment is not legally binding. In practice, this means that States Parties to the Covenant are not obliged to incorporate the provisions adopted in the Covenant into their legal order, nor are they bound by the interpretation of the right to life provided by the Human Rights Committee.

Although the Comment does not introduce a new law nor changes the existing legislation, it will nevertheless provide another, stronger tool for exerting pressure on States Parties to provide access to the killing of children through abortion in certain cases and to waive the punishment for abortion. The Comment will constitute the main point of reference for the Committee as well as for other UN bodies in determining how the States Parties to the Covenant should shape their laws, policies and practices in accordance with "the standards of human rights", and what actions should be included in the monitoring process before all UN treaty bodies", adds Rozalia Kielmans-Ratyńska.

Life protection

10.10.2019

An attempt to push through "the right to abortion" at the Nairobi summit. Conservative organisations ignored by the United Nations.

Another attempt to introduce "the right to abortion" will be made in November. The UN Summit will be held in Nairobi during which the issue of access to "reproductive and sexual rights" will be discussed. Despite the declaration about the open nature of the event, the organisers have admitted almost no conservative organisations to register for the summit.
Read more
Life protection

04.10.2019

Magdalena Olek: The controversy around Planned Parenthood

In 1916, an American feminist, Margaret Sanger, opened the first clinic in the United States of America, where women were advised on the use of contraceptives. It was also a place where dangerous procedures were performed to kill unborn children. Sanger was accused of using illegal and deadly practices, convicted and sentenced to 30 days in prison. However, it did not discourage her from continuing her activities.

Read more

OSCE Conference: Ordo Iuris and journalists give a voice on censorship on the Internet

Many Internet users face the problem of censorship in social media. This was the focus of the debate organised by the Ordo Iuris Institute as part of the Warsaw conference of the Organisation of Security and Cooperation in Europe.

Read more
Life protection

27.09.2019

Attempts to violate the protection of life and family: Ordo Iuris intervenes before the Tribunal in Strasbourg

The Ordo Iuris Institute intervenes as an amicus curiae in leading cases heard by the European Tribunal of Human Rights in Strasbourg. Their resolution may have a significant influence on the legal systems of the member states of the Council of Europe, including Poland.

Read more