On 22 October 2020, Poland’s ‘constitutional tribunal’ ruled the legal abortion of foetuses with severe disabilities unconstitutional. The ruling limits legal abortion to cases of rape, incest or when the health of the mother is at risk. This effectively bans 98 % of abortions previously carried out in Poland, and forces women to seek abortions in other EU countries or in unregulated facilities at their own risk.

This development challenges the most fundamental rights and founding values of the EU: human dignity, freedom, equality and respect for human rights, the right to respect for one’s physical and mental integrity (Article 3(1) of the Charter of Fundamental Rights of the European Union (the Charter)) and the right to respect for one’s private and family life (Article 7 of the Charter). It is deeply unacceptable.

1. How does the Commission intend to secure the right of women to accessible and safe abortions, as well as the right to bodily autonomy?

2. How does the Commission intend to respond to the court ruling, which effectively establishes a de facto abortion ban?

3. How does the Commission intend to guarantee that Member States uphold women’s fundamental rights?