European Parliament Committee calls for free access to abortion in all EU countries. The recommendations conflict with international law

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• The European Parliament will debate the draft recommendations of the EU Committee on Women’s Rights and Gender Equality (FEMM).

• The document was drafted by FEMM and adopted on December 4, with Lina Gálvez as rapporteur. It concerns recommendations to the European Council on EU priorities for the 69th session of the UN Commission on the Status of Women (CSW), which will take place in March 2025.

• The Commission on the Status of Women is the main UN body responsible for shaping the regulation of women’s rights around the world.

• The document recommends implementing an agenda for the overall protection of so-called reproductive and sexual rights. It also calls for strengthening the implementation of the Beijing Declaration and the Sustainable Development Goals, which promote gender equality in the EU’s external actions. This includes integrating a gender perspective in climate and trade policies and supporting women’s access to sexual education, contraception, and abortion.

• Of particular note is the recommendation to ensure women’s access to so-called sexual rights and reproductive health services, including “safe and legal abortion.”

• The implementation of such recommendations could lead to tensions between EU institutions and member states, especially those with traditional values.

• The Ordo Iuris Institute will prepare a memorandum for MEPs on the issue.

Promoting abortion contradicts international documents

The EU Committee on Women’s Rights and Gender Equality (FEMM) has prepared a draft recommendation from the European Parliament to the European Council on EU priorities for the 69th session of the UN Commission on the Status of Women (CSW). The document considers demands promoting gender equality and the protection of women’s rights globally. It cites the Beijing Declaration, the Sustainable Development Goals (SDGs), and EU strategies, among others. One of its priorities is to guarantee access to so-called reproductive health, including sex education and abortion.

The recommendations presuppose a renewed commitment to the 1995 Beijing Declaration and its goals, especially regarding full implementation of “women’s rights.” It is worth recalling at this point that the 1995 Beijing Declaration, which is cited by the authors of the recommendations, states in section 106 (k):

In the light of paragraph 8.25 of the Programme of Action of the International Conference on Population and Development, which states: "In no case should abortion be promoted as a method of family planning. All Governments and relevant intergovernmental and non-governmental organizations are urged to strengthen their commitment to women’s health, to deal with the health impact of unsafe abortion 16/ as a major public health concern and to reduce the recourse to abortion through expanded and improved family-planning services. Prevention of unwanted pregnancies must always be given the highest priority and every attempt should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. 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.

This shows that the Declaration certainly does not promote abortion as part of “women’s health,” but quite the opposite.

The FEMM document calls for the European Parliament to have a significant role in determining the EU’s position for the UN Commission session, including through consultation and furnishing of information. It assumes the implementation of a gender-perspective approach in EU trade, aid, and climate policies. Moreover, the resolution stresses the need to consider gender equality in all aspects of EU policy (described in the document as “gender mainstreaming”) and to apply “gender budgeting.”

Defenders of life against human rights?

FEMM wants to commit more strongly to combating opposition to “advances in gender equality,” pointing to organizations with traditional values and describing them as “the growing transnational backlash against women’s rights.” Such a narrative intolerantly and unfairly stigmatizes organizations that promote the protection of life and traditional values as “anti-rights,” speaking of “backlash” against women’s rights.

The resolution recommends access to sex education, contraception, and legal and “safe” abortion for all women. The call for such open interference in bioethical issues violates the sovereignty of member states, including Poland, where the protection of life from conception is constitutionally guaranteed.

The report stresses the need to strengthen tools to combat violence against women, both in the EU and in partner countries. The recommendations also suggest incorporating a gender perspective in environmental transformation efforts and point out the disproportionate impact of climate change on women. The document also indicates that the EU must urge immediate ratification and implementation of the Istanbul Convention from the remaining five member states that still have not done so.

The important role of the Commission on the Status of Women

Human rights, including women’s rights, are a key element of the international legal system. In shaping them, the Commission on the Status of Women plays an essential role. Hence, the recommendations prepared for the European Council should make women’s welfare and health their primary considerations, while not contradicting the international human-rights system.

Abortion should not be treated as a method of family planning. This is particularly true because it does not appear in any binding international treaty as a “human right.” At the same time, the right to life is recognized in many acts of international law (Universal Declaration of Human Rights, Article 3; International Covenant on Civil and Political Rights, Article 6-1; Convention on the Rights of the Child, preamble, paragraph 9; Convention on the Rights of the Child, Articles 6-1, 6-2; International Conference on Population and Development, Chapter II, Principle 1; Madrid International Plan of Action on Aging, Article 5). In addition, there is no binding international legal instrument that refers in any way to “sexual and reproductive rights.”

According to international law, abortion should not be promoted as a method of family planning, which numerous international acts have stipulated. Among them is the International Conference on Population and Development, enacted in Cairo in 1994 (Section 8.25). The act also recognized that governments should take appropriate steps to help women avoid abortion.

Citing the Cairo Conference, the UN General Assembly resolution (A/S-21/5/Add.1) reiterated: “In no case should abortion be promoted as a method of family planning… 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.” [Item 63. (i)].

A year later, at the Fourth World Conference on Women, the Beijing Declaration and Platform for Action (A/CONF.177/20 Beijing, China, September 4-15, 1995) reiterated, "In no case should abortion be promoted as a method of family planning” [Item 106. (k)].

States must protect the family

International law clearly indicates the duty of states to protect the family, maternity, and fertility. The promotion of women’s rights should be done through the defense of maternity, assistance to families, and the elimination of violence against women, not through the introduction of practices that are contrary to the law by bodies unauthorized to do so. Recommended measures – including financial support, flexible forms of employment, educational campaigns, and the development of family infrastructure – are an implementation of these commitments. The family is the refuge of tradition and a key element of social heritage, the protection of which should be a priority for any public policy.

Both the European Parliament and the European Council must represent all member states in their policies and drafting of legislation. For some of them, including Poland, whose constitution upholds the protection of life, promoting a recommendation with the content prepared by FEMM would conflict with constitutional guarantees. The recommendation that the European Council promote “access to safe and legal abortion” in the Commission on the Status of Women is unacceptable not only because there is no consensus among member states on this issue, but because it violates the EU’s principle of subsidiarity, which makes public health issues a national competence. For this reason, the European Parliament should reject the proposal prepared by FEMM, a step that the Ordo Iuris Institute will encourage in a memorandum for MEPs prepared for the meeting.

Julia Książek – analyst at the Ordo Iuris Center for International Law