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Unconstitutionality of Access to Abortion for Embryo-Pathological Reasons

Judgment of the Constitutional Tribunal of Poland of 22 October 2020, K 1/20

In: International Human Rights Law Review
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  • 1 Professor of Constitutional Law and European Research Chair, The Institute of Law Studies of Polish Academy of Sciences, Warsaw, , Poland, anka.sobaczewska@gmail.com
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Abstract

This article comments on the Polish Constitutional Tribunal judgment delivered on 22 October 2020 on the unconstitutionality of the provision of the Act of 1993 allowing for the termination of pregnancy for embryo-pathological reasons. The author provides a commentary on the judgment from the point of view of its formal features and content and demonstrates that it violates in both respects the right to privacy and freedom from inhuman or degrading treatment, as it was passed without taking into account nor properly balancing the rights of a pregnant mother in a situation of particular vulnerability.

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