Publication details
Právní úprava interrupcí v Polsku a (ne)možnost jejího obcházení cestou potratové turistiky
| Title in English | Legal Regulation of Abortions in Poland and (Im)possibility of its Circumvention through Abortion Tourism |
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| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Abortion;Poland;Constitutional Tribunal;abortion tourism |
| Description | This article deals with the development of legislation on abortion in Poland which is for the long time considered to be one of the strictest in Europe. In this context, I pay attention to the recent decision of the Constitutional Tribunal which has restricted legal exceptions for providing abortions, when he repealed the provision establishing the reason for developmental defects or incurable fetal diseases. I pay attention to the reasoning of the tribunal which relied on vagueness of the challenged provision. Despite that, I take into account also the related human rights issues about the protection of dignity and life of an unborn child. These findings are confronted with international treaties and case law of the European Court of Human Rights which has repeatedly commented on the situation in Poland. In addition, I present not only the legal and social consequences of further tightening of Polish abortion legislation but also their effects on the development of abortion tourism which could be, according to Czech laws, interpreted in different ways. |