A Guide for Polish Doctors Who Refuse to Comply with the Tusk Government’s Unlawful Abortion Guidelines

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The Ordo Iuris Institute has prepared a guide for hospitals and doctors on how to respond to the Guidelines issued by the Minister of Health and the Attorney General regarding the performance of abortions. According to these Guidelines, the health premise that permits abortion can encompass any aspect of health—both physical and mental—including any health ailment. Ordo Iuris argues that this is an attempt to expand access to abortion in a manner inconsistent with the Constitution and current law. In its advisory, Ordo Iuris emphasizes that hospitals and doctors are not obligated to comply with the Guidelines, as they are not a legally binding source of law. Furthermore, medical professionals can invoke the conscience clause to refuse participation in abortion procedures.

The Health Ministry’s Guidelines were announced at the end of August 2024, following the rejection of a pro-abortion bill authored by the Left in the Sejm a month earlier. 

Ordo Iuris highlights that these Guidelines do not alter existing laws, including the Constitution, statutes, or regulations. The document, authored by Minister of Health Izabela Leszczyna, explicitly states that it serves as an interpretation of current abortion legislation rather than introducing new regulations. As a result, doctors and hospitals are under no legal obligation to follow them. Additionally, the Guidelines present a selective interpretation of abortion-related rights and duties while disregarding fundamental principles of medical ethics. Similarly, the Attorney General’s own Guidelines on Abortion, for prosecutors, do not introduce new legal provisions.

Ordo Iuris also stresses that the Health Ministry’s Guidelines on abortion have not changed existing laws governing the termination of pregnancy or the rights of doctors to exercise conscientious objection (as established in Articles 39 and 30 of the Law on the Medical and Dental Profession). Moreover, the right to conscientious objection is not merely statutory but constitutionally protected under the Polish Constitution, ensuring its validity regardless of specific legal enactments.

Ordo Iuris warns of potential negative consequences for doctors following the introduction of the Guidelines. Even when a physician’s conscientious objection or refusal to perform an abortion is legally and medically justified, they may face challenges and even financial sanctions from the National Health Fund in the case of medical facilities. In such cases, both doctors and hospital authorities are encouraged to seek free legal assistance from the litigation department of the Ordo Iuris Institute, whose guide for doctors and medical facilities was officially presented during a conference held in observance of the Day for the Sanctity of Life.