Family planning, the protection of foetuses, and grounds for permitting the termination of a pregnancy K 1/20
Ref. No. K 1/20
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 22 October 2020
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Leon Kieres
Mariusz Muszyński
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski – Judge Rapporteur
Piotr Pszczółkowski
Bartłomiej Sochański
Jakub Stelina
Wojciech Sych
Michał Warciński
Jarosław Wyrembak,
Recording Clerk – Grażyna Szałygo,
having considered, at a hearing on 22 October 2020 – in the presence of the applicant, the Sejm, and the Public Prosecutor-General – the application lodged, by a group of Sejm Deputies, with the Constitutional Tribunal for it to examine the conformity of:
Article 4a(1)(2) and Article 4a(2), first sentence, of the Act of 7 January 1993 on Family Planning, the Protection of Foetuses, and Grounds for Permitting the Termination of a Pregnancy (Journal of Laws – Dz. U. No. 17, item 78, as amended) to Article 30 of the Constitution of the Republic of Poland, for the challenged provisions legalise eugenic practices with regard to unborn children, thus denying those children respect for human dignity and the protection thereof,
alternatively, should the above request be dismissed:
Article 4a(1)(2) and Article 4a(2), first sentence, of the Act of 7 January 1993 on Family Planning, the Protection of Foetuses, and Grounds for Permitting the Termination of a Pregnancy to Article 38 in conjunction with Article 30 and Article 31(3) as well as to Article 38 in conjunction with Article 32(1) and (2) of the Constitution of the Republic of Poland, for the challenged provisions legalise eugenic practices with regard to the right to life of an unborn child as well as they correlate the protection of the unborn child’s right to life with the child’s state of health, which constitutes prohibited direct discrimination,
as well as:
Article 4a(1)(2) and Article 4a(2), first sentence, of the Act of 7 January 1993 on Family Planning, the Protection of Foetuses, and Grounds for Permitting the Termination of a Pregnancy to Article 38 in conjunction with Article 31(3) as well as in conjunction with Article 2 and Article 42 of the Constitution of the Republic of Poland, for they legalise the termination of a pregnancy without indicating sufficiently justified necessity to protect another constitutional value, right, and/or freedom, as well as they provide for unspecified criteria for the legalisation, thus infringing constitutional guarantees for human life,
adjudicates as follows:
Article 4a(1)(2) of the Act of 7 January 1993 on Family Planning, the Protection of Foetuses, and Grounds for Permitting the Termination of a Pregnancy (Journal of Laws – Dz. U. No. 17, item 78, of 1995 No. 66, item 334, of 1996 No. 139, item 646, of 1997 No. 141, item 943 and No. 157, item 1040, of 1999 No. 5, item 32, as well as of 2001 No. 154, item 1792) is inconsistent with Article 38 in conjunction with Article 30 in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Julia Przyłębska
Zbigniew Jędrzejewski
Leon Kieres (dissenting opinion)
Mariusz Muszyński
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Piotr Pszczółkowski (dissenting opinion)
Bartłomiej Sochański
Jakub Stelina
Wojciech Sych
Michał Warciński
Jarosław Wyrembak