The Marshal of the Sejm announced the committee gathering on Wednesday, and the next morning Members had already met. After more than 2 years, the breaks lasted 2 hours to support 2 projects liberalising abortion law and direct it to the full Chamber. The government announces a “breakdown”, the opposition speaks of political cover-up of its own failures, but the most crucial question arises: can the state which is to defend the weakest decide their destiny in specified a hurry?
On Thursday, October 8, an extraordinary parliamentary committee, which after more than 2 years resumed its work, supported 2 draft amendments to abortion law. The first assumes partial decriminalization of abortion and assistance in it, the second restores the anticipation of killing a kid with a severe defect. The second and 3rd readings are scheduled for the session of the Sejm on 20 and 23 October.
Sudden convocation and political background
Marshal Włodzimierz Czarzasty did not inform about the gathering until Wednesday, so it took respective hours from the announcement to the beginning of the meeting. The earlier date, September 14, was canceled at the last minute. Officially due to the deficiency of a position of the Ministry of Health, but any politicians, besides from the coalition, spoke of a political decision. According to “Gazeta Wyborcza” the gathering of Czarzaste with Prime Minister Donald Tuski was influenced by the change of course. The president of the Dorota Loboda (KO) committee admitted after the deliberations that the leaders had agreed. Full motives, no 1 officially explained.
‘Substitution’? Evaluation of the Law and Justice
His own explanation was presented by PiS MP Bartłomiej Wróblewski in an interview with DoRzeczy.pl. In his opinion, the abrupt resumption of work is an effort to change the subject of public debate. He recalled the OGB poll, according to which 55.6 percent of Poles negatively measure Tusk's government, besides pointed to the state of public finances, rising debt and budget hole. He pointed out that on the day of the gathering of the committee, the Sejm discussed the budget for 2027. According to him, in hard times, the government reaches out to the subjects that divide society.
To note that the president is conservative and will not sign liberalisation, and it is not even known how the PSL will vote, he replied that this is what shows a distraction from low quotations, unfulfilled promises and scandals. In his opinion, Tusk has failed the liberal environment and is looking for replacement themes.
Dispute over procedure and experts
At the beginning of the meeting, the PiS requested that the first item be moved to another day so that experts could attend the meeting. Loboda argued that the substantive debate took place at first reading and the proposal fell. As we can see, however, the mode of deliberation was intended to limit the discussion and prevent the social side.
What the committee adopted
Decriminalization. The draft of Members of the Left and civilian Coalition amends Article 152 of the Criminal Code. She's dropping the couples. 1, which provides for a conviction of up to 3 years imprisonment for abortion with the consent of a female in violation of the law, and par. 2, which punishes for helping and urging specified abortion. He besides adds couples. 4, according to which no criminal offence is committed by a doctor, caregiver or midwife, if abortion is simply a consequence of a procedure essential to avert the hazard of the wellness or life of a female or if prenatal examinations or another medical conditions indicate it. The Commission supported the draft by 16 Members with 5 votes against.
Eugenic message. The second project, by the 3rd Way, restores the anticipation of abortion with a advanced probability of a severe and irreversible defect of a kid or an incurable illness threatening his life. According to the amendments by Wioleta Tomczak from Poland 2050, this would be acceptable until the kid reaches the ability to live outside the mother's body. The Constitutional Tribunal found the same condition to be incompatible with the Constitution in its judgement of 22 October 2020 (K 1/20) which entered into force with its publication in January 2021. The full amendment was supported by 15 Members, 5 against.
The message he wants to reconstruct the 3rd Way task is sometimes mistakenly called "embryopathological". This word obscures the truth: severe defects are usually detected between the 11th and 20th weeks of pregnancy, erstwhile the kid is no longer an embryo, but a fetus. Indeed, this is simply a eugenic premise: the right to birth is determined by the diagnosis. Human dignity is natural and does not depend on health, negotiations, or another expectations. A sick kid needs care and love, not judgment.
Constitutional argument
Wróblewski emphasizes that “criminalisation” is simply a method word which in practice means abortion on request. It points out that this anticipation was found by the Constitutional Court to be contrary to the right to life in its judgement of 28 May 1997, and argues that Parliament cannot adopt provisions which were previously declared unconstitutional. The full operation of the coalition called legal nihilism. Earlier, MP Maria Kurowska called the committee "a commission of large shame", and Wróblewski added that it was alternatively a committee of disgrace, due to the fact that its aim is to legalize the killing of children and consciously break the fundamental law. He besides asked how to then request citizens to comply with the law erstwhile Members are breaking it on purpose.
Life is not a substitute theme
The dignity of the kid is not dependent on diagnosis, and his right to birth should not depend on negotiations. Parents of children with serious defects request companionship: perinatal hospices, medical, intellectual and financial care, not a hasty decision. Therefore, it is all the more worrying that specified crucial matters are decided in 2 hours and respective hours in advance.
After the second and 3rd reading, if the Sejm passes laws, they will go to the legislature and then to the President, who can veto them. The coalition besides has a question about the vote of the PSL and another Members, as earlier attempts to liberalise ended in a deficiency of majority. In July 2024, the decriminalisation task was lost by a tiny difference of vote. Coalition politicians, including Nowacka, are announcing a breakthrough, but have not disclosed the details.
Abortion is allowed in Poland erstwhile pregnancy threatens the life or wellness of a female or erstwhile it is the consequence of a prohibited act (until week 12). The grounds for severe and irreversible disability of a kid or incurable illness ceased to apply in January 2021, following the publication of the judgement of the Constitutional Tribunal.
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