Poland’s second-largest opposition party, The Left (Lewica), has outlined a ten-point programme to improve the safety of women. The proposals include abortion on demand, changing the legal definition of rape, and paid menstrual leave from work.
Meanwhile, the same party yesterday submitted legislation to end the “conscience clause” that doctors can invoke to avoid having to provide patients with an abortion if it conflicts with their religious beliefs.
The proposals come amid renewed focus on reproductive rights following the recent death of a pregnant woman in hospital. Activists and left-wing MPs have claimed she died as a result of Poland’s near-total ban on abortion. However, the authorities say medical malpractice was to blame.
Thousands joined protests against Poland’s near-total abortion ban yesterday following the latest death of a pregnant woman in hospital.
But the conservative authorities say the tragedy was caused by medical malpractice, not the abortion law https://t.co/dJFJn6O1Y4
— Notes from Poland 🇵🇱 (@notesfrompoland) June 15, 2023
“Polish women no longer want to be afraid, they don’t want to die in hospitals,” said MP Agnieszka Dziemianowicz-Bąk today, unveiling The Left’s ten-point plan, entitled “Safe Polish Woman” (Bezpieczna Polka).
Among the proposals are free contraception and morning-after pills; full state subsidies for IVF treatment; up to five days a month of menstrual leave; free menstrual hygiene products in public institutions; full access to abortion; and the abolishment of punishments for those who help women obtain abortions.
Currently, Poland has the EU’s strictest abortion law apart from Malta’s total ban. Terminations are only permitted if a pregnancy threatens a mother’s life or health, or if it results from a criminal act such as rape. It is also a criminal offence to help someone terminate a pregnancy.
A women’s rights activist has been convicted of the crime of “helping terminate a pregnancy”.
She sent abortion pills to a woman who had sought help obtaining an abortion, but whose husband discovered them and reported the case to police https://t.co/aCloNjHAfP
— Notes from Poland 🇵🇱 (@notesfrompoland) March 14, 2023
Meanwhile, since coming to power in 2015, the ruling national-conservative Law and Justice (PiS) party has ended state subsidies for IVF and made morning-after pills available only with a prescription.
Other pledges made today by The Left include equal pay for men and women performing the same roles; the immediate collection of alimony and child support payments; and changing the legal definition of rape.
Currently, Polish law defines rape as “subject[ing] another person to sexual intercourse by force, illegal threat or deceit”. It does not specify lack of consent as a criterion. The Left want a law under which “only ‘yes’ means consent”, said Magdalena Biejat, one of its MPs, today.
A court overturned a rape conviction because the 14-year-old victim did not scream during the incident.
Critics say the case is illustrative of wider failings in how rape is defined and dealt with in Poland's justice system https://t.co/M4Fkuxy3x3
— Notes from Poland 🇵🇱 (@notesfrompoland) September 17, 2020
Separately, the party yesterday submitted legislation to parliament that would abolish the conscience clause through which doctors can excuse themselves from providing abortions.
In response, Poland’s Supreme Medical Chamber today issued a statement claiming that the conscience clause results from the Charter of Fundamental Rights of the European Union. It also noted that it does not apply in cases where a patient’s health or life are threatened.
However, Kamila Ference, a lawyer and head of reproductive rights group Federa, disputed the chamber’s claim. She noted that the EU’s rights charter does not introduce a conscience clause; it simply recognises the right of national laws to introduce them.
Widzę, że nie wszyscy czytają Kartę Praw Podstawowych UE ze zrozumieniem. Nie gwatantuje ona prawa do klauzuli sumienia. Uznaje tylko, że kraje mają prawo regulować tę kwestię we własnym zakresie.
W Polsce prawo trzeba zmienić i odesłać klauzulę, gdzie jej miejsce. Do kosza. pic.twitter.com/eP98KkCLRx
— Magda Biejat (@MagdaBiejat) June 16, 2023
Dziemianowicz-Bąk said that her party’s proposals will help “Polish women know why they should vote for the opposition parties, why they should vote for the Left and who can stand on their side after the elections”.
The ruling PiS party is seeking an unprecedented third term in office at this autumn’s elections. However, while it is leading in the polls, its current level of support is not high enough to guarantee a majority in parliament.
That could open the way for a coalition of opposition parties to take power. Any such government would be likely to include The Left, although with a current polling average of around 8% it would only be a junior partner in any such coalition.
🔥 @AgaBak: Kobiety są dzisiaj tą grupą od której państwo polskie się odwróciło – my z powrotem chcemy przywrócić im godność, wolność i prawo wyboru.
– Jako #PosłankiLewicy ogłaszamy dzisiaj pakiet #BezpiecznaPolka.
To pełen pakiet postulatów, które sprawią, że Polki w końcu będą… pic.twitter.com/H8EHtfASvj— Lewica News 🗞️📻📺 (@Lewica_News) June 16, 2023
Main image credit: Klub Lewicy/Flickr (under public domain)
Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.