• The Strasbourg Court receives many complaints about the ban on eugenic abortion in Poland.
• According to the applicants, the inability to undergo a eugenic abortion violates their right to privacy and the prohibition of torture.
• The vast majority of complaints come from women who are not even pregnant.
• The Ordo Iuris Institute submitted an amicus curiae brief to the ECtHR, in which it reminds that unborn children with disabilities also have the right to life.
Another series of complaints against the protection of the lives of unborn children in Poland was submitted to the European Court of Human Rights in Strasbourg. This is related to the judgment of the Polish Constitutional Tribunal of October 22, 2020, K 1/20, which ruled on the unconstitutionality of the so-called eugenic premise that allows an abortion to be performed in the event of a developmental defect in a child. Since then, the Strasbourg Court has received complaints from women who believe that the loss of access to eugenic abortion violates their right to privacy (Article 8 of the European Convention on Human Rights) and the prohibition of torture (Article 3 ECHR).
In the last six cases, complaints have been lodged by women who fear that if they become pregnant one day and their child turns out to be disabled, they will not be able to undergo an abortion. Neither of them are pregnant at the time the complaint is made.
The Ordo Iuris Institute, with the consent of the President of Section I of the ECtHR, submitted an amicus curiae opinion to the Court. The opinion recalled that there is no provision of international law that would mention the right to abortion, while there are many provisions that refer to the right to life, including for unborn children, such as the UN Convention on the Rights of the Child, in which the preamble it is stated that "a child, due to its physical and mental immaturity, requires special care and care, including appropriate legal protection, both before and after birth". In addition, the previous jurisprudence of the Strasbourg Court was quoted, which clearly shows that states may limit access to abortion in the name of protecting public morality.
- Our Center for International Law constantly monitors cases brought to the Tribunal in Strasbourg, intervening to defend fundamental values such as the right of every human being to life. The amicus curia role allows us to do this, in which we can submit legal observations to the Court on a question relating to the essence of each case. The wave of complaints about the ban on eugenic abortion in Poland is largely an artificially created phenomenon, because in the vast majority of cases they come from women who are not even pregnant. Meanwhile, in accordance with the provisions of the proceedings before the ECtHR, a complaint may only be brought by a person who has suffered a specific detriment. Meanwhile, most of the applicants complain about the hypothetical damage that may occur if they become pregnant one day and their child has a developmental defect. Recently, the Court has already started to reject the first complaints without substantive examination, as many applicants have ceased to respond to pleadings, which is the basis for striking a given complaint from the register, said Weronika Przebierała, director of the International Law Center of the Ordo Iuris Institute.
· The UN Committee on the Elimination of Discrimination against Women has issued a statement that the right to abortion is a human right and derives from international law.
· Accordingly, this body recommends that all states parties decriminalise and legalise abortion and provide 'gender' sensitive education on 'sexual and reproductive health' and rights in this area.
· The Peruvian Congress has passed a law recognising certain rights of unborn children.
· According to the act, the conceived child is "a subject of rights with the full status of a human person". Among other things, it has the right to "develop freely in the womb".
· Until now, the rights of unborn children were not mentioned in a separate act, but in the Peruvian Constitution and civil legislation.
· A few days ago, numerous news outlets revisited the case of a seriously ill eight-month-old girl, Indi Gregory - a British citizen - against whom the Supreme Court of that country recently ruled to disconnect her life support equipment.
· The parents have not given up their fight for the child's life, and last week it was reported that the girl had been granted Italian citizenship and the prospect of continuing treatment offered by the Vatican's Bambino Gesù hospital.
- The partnership agreement between the EU and the Organisation of African, Caribbean and Pacific States (OACPS) is due to be signed on 15 November.
- The adoption of the agreement could result in, among other things, the pushing of the concept of so-called reproductive and sexual rights or gender theory.