This week Poland has brought great news to the defense of human rights without exception for reasons of age, winning a historic battle.
The imposition of abortion in Poland by nazi Germany
After the invasion of Poland by Germany and the USSR in 1939, on November 25 of that year the head of the SS, Heinrich Himmler, issued a decree to eliminate all legal protection of unborn children and promote abortion in the area of German occupation: “All measures that tend to limit births must be tolerated or supported. Abortion in the rest of the area must be declared free from punishment” (see “Nuremberg and the Crime of Abortion”, by Jeffrey C. Tuomala, page 386). The objective was clear: the nazis set out to use abortion as one more method of extermination against the Polish people.
During the Nuremberg trials, the nazi policy of legalizing forced and unforced abortions in Poland was denounced by the prosecution as war crimes and crimes against humanity, as they were attempts against the lives of unborn human beings, and the military court the prosecution admitted the accusation, condemning the nazi leaders who promoted these abortion policies in Poland as members of a criminal organization (op.cit., pages 390 and 391).
The abortion policies of the communist dictatorship imposed by Stalin
The communist dictatorship imposed by Stalin in Poland established abortion norms that subjected unborn children to a gradually unprotection. Already during this regime, civil society began to create initiatives to defend the unborn, which culminated in the presentation on February 28, 1989 in the Sejm (Polish Parliament) of a draft law on the legal protection of conceived children, signed by 74 deputies and supported by the Catholic Church. In 1990, after the fall of communism, Poland began the journey to regain protection for unborn children.
Abortion plummeting in free Poland
That was not only a legal battle, but also a social one, which caused a change of consciousness in the Polish people. During the communist dictatorship, 137,950 registered abortions were perpetrated in the country (1980), a figure never reached in Spain, which has more population, not even with the legalization of abortion. In 1992 the number of abortions was already reduced to 11,640.
In 1993, a Law for the Protection of the Human Fetus was passed, that only tolerates abortion in certain cases and that penalizes doctors who perform illegal abortions, not mothers. By 2001, Poland had dropped to 124 abortions a year. However, and despite remaining very low in comparison with other countries, there has been a rebound in abortions in the country: in 2019 there were 1,110 abortions in Poland, 96% under the eugenic assumption.
An initiative of several deputies to ban eugenic abortion
In recent years there have been various campaigns to call for the total abolition of the crime of abortion in Poland. On November 19, 2019, a group of deputies from the Prawo i Sprawiedliwość party (PiS, Law and Justice), led by Bartłomiej Wróblewski and Piotr Uściński, filed a constitutional appeal (see PDF) to amend the law of 1993, in order to eliminate eugenic abortion, that is, the act of killing unborn children on the grounds that they are not worth living because of their health or disability.
In their appeal, the PiS deputies asked to declare unconstitutional Article 4a.1.2 of the aforementioned 1993 law, which allows eugenic abortion, and the first sentence of Article 4a.2, which establishes the legal term to carry it out: “until the fetus can live independently outside the body of a pregnant woman.” In their appeal, the deputies considered that the aforementioned points “are incompatible with art. 30 of the Polish Constitution by legalizing eugenic practices in relation to a child who has not yet been born, thus refusing to respect and protect human dignity”, and with Article 38, “making the protection of the child’s right to life that he has not yet been born depends on his state of health, that direct discrimination is prohibited.”
What the Constitution of Poland says
The Constitution of the Republic of Poland says the following in those articles:
Article 30. “The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorities.”
Article 38: “The Republic of Poland shall ensure the legal protection of the life of every human being.”
The Polish Constitutional Court outlaws eugenic abortion
This Thursday, the Constitutional Court (TK) of Poland approved by majority a sentence (you can read here) giving the reason to the deputies of the PiS. Thus, with this decision, eugenic abortion is declared illegal in Poland. No unborn child will be unworthy to live for reasons of health or disability, a great step towards the full protection of the unborn in Poland.
The latest Polish victory against the nazi and communist legacy
This decision is a historic victory for the culture of life, an expression coined by the Polish Pope Saint John Paul II. And it is also a great moment in the history of Poland, which comes 75 years after the end of World War II. In fact, with this ruling from the TK, Poland has won its last battle against nazism and communism, the two totalitarian monsters that invaded, sacked and massacred Poland in the last century. Furthermore, the Polish people have just shown the world that the abuses and atrocities that today are disguised with words like “progress” are not irreversible.
In the future, history books should look back on October 22 with an admiration for Poland for the abolition of abortion similar to that which the pioneers of the abolition of slavery deserve us today. In both cases, they coincide in launching the same message to all humanity: no human being is the property of another and no one has the right to take away your dignity, neither because of your race nor because of being in the most fragile and defenseless moment of your lifetime
Photo: Voy Pawelczyk. An image of the Marsz Niepodległości (Independence March) on November 11, 2018 in Warsaw, on the centenary of Poland’s regaining of independence.