Published: 20.09.2022
· The high-level debate of the United Nations General Assembly, the annual meeting of heads of state and government, will begin in New York.
· This meeting is an opportunity for Polish representatives to confirm internationally that there is no right to abortion.
· This position would be important in view of the UN resolution on access to justice for victims of sexual violence adopted in early September.
· This act seeks to rank abortion as one of the human rights.
· Poland's declaration of objection to this type of content in the General Assembly would free Poland from the possible effects of resolutions, which would include, first and foremost, the creation of a customary law norm in the field of the right to abortion.
· The Ordo Iuris Institute asked Polish representatives at the General Assembly to express Poland's position on abortion by confirming and defending Polish legislation that protects life in a high-level general debate of the United Nations.
On September 2, the UN General Assembly approved the resolution "International Cooperation on Access to Justice, Remedies and Assistance for Survivors of Sexual Violence" by consensus. It called on states to ensure the promotion and protection of "sexual and reproductive" rights and "safe abortion". The resolution tries to position abortion as a human right, even though there is no international consensus on the matter or international binding document that would recognize it as a right.
Approval of the resolution in this manner means that it was adopted without a formal vote, thanks to the consensus mechanism, which is understood as no state objections to the content of the document. Although the resolution is not binding, it contributes to the creation of internationally valid customary law. Only when the state consistently opposes the creation of a customary norm, repeatedly protesting that it does not want to grant it a binding force (the so-called persistent objector), is a state unbound by this norm.
During the adoption of the resolution, Poland was not only one of its drafters, but during the debate in the General Assembly, it did not vote for the amendments proposed by Nigeria. They concerned the removal of controversial language about abortion and reproductive rights. Indeed, by not opposing the content of the resolution, Poland contributed to building a consensus on the resolution and attempts to create common law norms regarding the right to abortion.
The Ordo Iuris Institute called on the President of the Republic of Poland and the Minister of Foreign Affairs of the Republic of Poland to present Poland's position on abortion during the debate, denying the existence of the “right to abortion” and pointing out that the United Nations and the United Nations Agencies by promoting the so-called The "right to abortion" operates ultra vires (outside the scope of competence) as such a right has not been recognized in any binding document. Expressing a clear position in this respect will be important in the sphere of international law and will allow Poland to pursue its own policy in the field of protection of life from conception, both domestically and internationally.
· A meeting of the High-Level Political Forum on the Sustainable Development Goals, in which Poland, among others, participates, is taking place in New York.
· The subject of its deliberations will be some of the goals set out in the Agenda 2030 framework.
· The Agenda 2030 program has been the subject of much controversy due to, among other things, the pushing of so-called reproductive and sexual rights.
11.07.2023
· UN independent expert Viktor Mardigal-Borloz has published a report on the relationship between freedom of religion and conscience and protection from violence and discrimination based on "sexual orientation" and "gender identity."
· The report was presented at the 53rd session of the UN Human Rights Council.
· The publication is the result of work carried out by the expert, as well as opinions submitted by stakeholders.
The International Commission of Jurists recently published a report containing principles which, in its opinion, states should follow in the field of legislation concerning, among others, abortion, drug addiction, prostitution or sexual activities involving minors.
The European Court of Human Rights has once again rejected a series of complaints against Poland's ban on eugenic abortion, in effect since a 2020 Constitutional Court ruling. The applicants claimed that protecting the lives of disabled unborn children constitutes a form of torture and violates their right to privacy. The Court showed that they had not explained how specifically they were harmed by the ban, when most of them were not even pregnant. In total, the ECHR has received some 1,000 complaints in such cases.