The Act on the Depenalisation of Abortion is actually the introduction of abortion on request," said Confederate MP Karina Bosak. A associate of the Extraordinary Commission shared her assessment of the draft law on the depenalisation of abortion, stressing that it is incompatible with the Constitution, as were another projects aimed at radiating abortion law. She besides called for a greater engagement of MPs against abortion, media and pro-life communities in the debate on the protection of life, peculiarly in the work of the Extraordinary Commission, which will be held in September.
The Most extremist Project
In Karina Bosak's opinion, the Act on the Depenalisation of Abortion, which amends the Criminal Code, is the most extremist of all proposed projects. – Actually, it should be the last one. If it is passed, there will be no difference as to whether another laws will be introduced. It's the Criminal Code that protects the implementation of another laws. He aims to guarantee that the law is respected – she stressed. She stressed that, according to the amendments which were passed at the Commission meeting, this law leads to “an abortion impunity by 12 weeks, which is actually the introduction of abortion on request”.
A associate of the Extraordinary Commission besides pointed out another extremist provision contained in the Act, according to which, erstwhile prenatal studies or another medical conditions indicating a advanced likelihood of serious and irreversible foetal defects or irreversible life-threatening illness, abortions can be carried out completely unpunishedly until delivery, since the Act does not supply for any limit word in this case.
Another problem is the evidence saying that the child's wellness is to confirm tests or "other medical conditions". – We do not know precisely what medical reasons these are, possibly a psychiatrist's opinion... specified inaccuracies should not be included in the Criminal Code, there must be no question here," the lawyer said.
The question of forced abortion
Another flaw of the bill is related to the issue of coercion abortion, which, in the event of an abortion not being punishable by 12 weeks, may be hard to detect and prove, for example due to the deficiency of any documentation showing the reasons for this. – Most early abortions are done at home, in a pharmacological way, no 1 here will verify the consent of a female to abortion, it is not known if it is simply a forced consent. This is simply a large threat to women, in this case the law, alternatively of protecting them, protects the full abortion business behind these regulations – she stressed.
According to the Member, the Act besides provides for the full deletion of 2 crimes: aiding and inciting abortions, which are now a serious crime and threatening to be punished with imprisonment. “It is known that for these offences, it is frequently the work of organisations that sale abortion pills, aid with pharmacological abortions, or direct women to abortion abroad. This law provides a protective umbrella for these environments and organisations, for the full lobby and abortion environment, which is getting stronger and stronger," she explained.
Errors in the Depenalization Act
Karina Bosak stressed that many specialists have admitted that the Act on Depenalization has gross errors, is inconsistent and illogical, both from the position of non-compliance with the Constitution and another laws. Similarly, the another 3 projects, but the parliamentary majority have no interest in the regulation of law in this case. "They have a majority, and in democracy, unfortunately, most sometimes enough," she said.
Krzysztof Bosak, on the another hand, stressed that he was the only associate of the Sejm bureau to order legal opinions on abortion liberalisation projects. – I have received opinions that in terms of compliance with the Constitution, they are either very dubious or simply not in accordance with the Constitution. However, I am certain that there is simply a full awareness of this in the governing coalition, but Members think that this must be passed, and that is it. Although many of these people undermine the 2020 Constitutional Court's judgment, they are aware that what they are doing is contrary to the 1990s judgement of the Constitutional Tribunal, which is not disputed in any way. This gross denial of any regulation of law, does not concern cases of uncertainty or troublesome – he stressed.
The president's veto has put the passion to sleep
Although president Andrzej Duda assured yesterday that he would not sign the Act providing for partial depenalisation and decriminalisation of abortion by the twelfth week of pregnancy, the law will not enter into force until now, this problem may come back very rapidly in the event of a change of power, then the regulations will most likely enter into force, which is constantly requested by the current ruling coalition.
Karina Bosak admitted that the certainty of the presidential veto had put down many Members and social activists who were very fewer to participate in the Commission's work. – Individuals come, on 1 side and on the another side, there is specified a belief that everything is actually determined that this bill will be passed. On the another hand, sometimes a fewer votes may outweigh any issues, 1 should be full vigilant," she noted. "That is why we call on Members against abortion, media and pro-life communities to become more active in the public debate on this subject. We request to look at the power on our hands. frequently people have no thought what the committee's work looks like, they have the impression that everything takes place in a law-abiding manner and in accordance with procedures, but it is now rather the other – she concluded.
Today, an Extraordinary Commission study will be presented in the Sejm on the law on depenalisation of abortion. The Commission recommended that the task be adopted. It may be at the same session of the Sejm.
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