On Friday, hospitals received fresh guidelines, developed by wellness Minister Isabella Leszczyna in cooperation with Justice Minister Adam Bodnar, which aim to facilitate access to abortion.
Ministers of Lestina, Bodnar and Prime Minister Donald Tusk spoke together at a press conference, where the Prime Minister openly admitted that a change in abortion law is impossible due to opposition from the Polish People's Party.
“This has been very loud in fresh days. Further attempts in the Sejm besides in this word have shown that it is hard to get a majority in the parliament for projects that would make abortion legal by 12 weeks," said the head of government.
"As I have stressed many times, this does not mean that we stay idle erstwhile it comes to providing opportunities for women in early pregnancy, which they recognise for various wellness reasons that they should be able to have a legal abortion," said Donald Tusk.
Minister Lestina, discussing abortion, stressed that 1 decision from 1 specialist doctor is adequate for abortion.
“The bill clearly states that a doctor’s decision stating that there is simply a reason for abortion – 1 decision from 1 specialist doctor – is the basis for abortion,” argued Leszczyna.
The Minister besides added that the request for a second ruling or the appointment of a consilium in this case should be considered as obstructing access to legal abortion, which is guaranteed by law. She explained that under the household Planning Act, the protection of the human fetus and the conditions for abortion, women's wellness is the overriding criterion. If a psychiatrist’s doctor considers pregnancy to be a danger to the woman’s intellectual health, his decision is adequate to justify abortion.
"The Act does not specify whether the threat to the wellness or life of a female is to be sudden, highly dangerous," added the Minister.
It was besides stressed that the refusal of abortion by an institution having a contract with the NFZ could consequence in a contract break and a financial punishment of up to PLN 500 thousand. Minister Leschina hoped that these penalties would not should be applied, pointing out that the fresh guidelines did not go beyond the existing rules, which had not yet been full respected.
Main points of the guidelines for access to abortion, addressed to infirmary directors and ward chiefs.
- I'm sorry. Abortion is permitted if pregnancy constitutes a threat to the life or wellness of a female or if pregnancy is the consequence of a prohibited act. 1 decision from a specialist doctor is adequate to find the hazard of life or wellness and additional opinions are not required.
- I'm sorry. wellness risks can affect both physical and intellectual health. The Prosecutor shall state whether the pregnancy was caused by a prohibited act by issuing an appropriate certificate.
- I'm sorry. In the event of pregnancy resulting from a prohibited act, abortion is possible until the 12th week of pregnancy. In the event of a threat to the wellness or life of a female there is no time limit.
- Abortion may only be carried out by a doctor in a infirmary (in cases of a health/life hazard) or another medical facility, and the consent of a female or her legal typical is required.
- I'm sorry. A doctor may refuse to have an abortion due to his conscience, but the infirmary must guarantee that it is performed by another doctor.
- I'm sorry. The patient has the right to complete information about her health, her pregnancy and the anticipation of interruption. Violation of these duties by a medical establishment may lead to financial penalties or termination of an agreement with the National wellness Fund.
The fresh guidelines presented by the Minister of Health, Isabella Leschina, conflict with the regulation of law and with the case law of the Constitutional Court. They can be seen as an effort to circumvent existing law and de facto legalise prenatal infanticide on request. These actions rise serious doubts in the context of the protection of human life, which is guaranteed by Polish law, and undermine the authority of institutions which are to uphold the constitutionality of the regulations. alternatively of focusing on facilitating access to abortion, authorities should focus on preventing women's wellness and providing better care before and during pregnancy. Prime Minister Donald Tusk and his team, despite their opposition to the liberalisation of abortion law, introduce fresh guidelines that make gateways to circumvent the existing regulations. These actions conflict with the Polish Constitution.
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