Is this the end of the ban on abortion of sick children? The scandalous ruling of the ECHR!
Date: December 15, 2023 Editor: Anna
The European Court of Human Rights believes that Poland should let the execution of sick unborn children. If he doesn't, they're threatening to be punished. The ECHR has just issued a judgement in the case of a 38-year-old female from Warsaw, who was refused to kill a kid in 2021, who was diagnosed with Down syndrome. The female is expected to receive €16,000 in compensation. According to the ECHR, the Polish constitutional order confers the right to respect for private life.
ETPC opposes the application in Poland of the judgement of the Constitutional Court of October 2020. The judgement has already been condemned respective times by various EU structures, but it has never had any legal force: resolutions of the European Parliament, criticism of the European Commission, various de facto loose statements. Now the issue is on a higher level – most likely not without the engagement of Donald Tusk's squad in taking power in Poland. Members of the current left-wing government have long announced that they intend to "return" the Constitutional Court's ruling. This is formally impossible due to the fact that the conviction is simply a binding reading of the Constitution of Poland. However, it is incompatible with the European abortion spirit – the ECHR has just decided that Poland should presume the superiority of this spirit over its own law.
A 38-year-old from Warsaw was set to kill a kid conceived in January 2021. The day before the planned abortion, she was informed that the procedure was cancelled due to the fact that a judgement of the Constitutional Court was published a fewer months ago. The conviction makes it impossible to kill children conceived due to illness. A 38-year-old accused the infirmary of violating her alleged rights to be guaranteed by the European Convention on Human Rights.
The situation was absurd adequate that Article 3, which she referred to, prohibits... torture or "inhuman" or "degrading" treatment. The ECHR considered that torture, inhumanity or humiliation in this situation was not, but that the infirmary had allegedly violated another article of the said Convention, No 8, which referred to unlawful interference in the private and household life of citizens. As a result, the ECHR demanded Poland to pay 16 1000 euro for compensation.
Interestingly, a female yet killed a sick child: she went abroad. The ECHR stated that specified a ‘necessity’ active ‘suffering’. "The change of law in Poland, which forced the applicant to leave, active suffering and had a crucial intellectual impact on it," said ETPC. "Unquestionably, having an abortion abroad distant from household support, alternatively than undergoing treatment in the home country, was a crucial origin of concern," added the ruling.
The Polish authorities could appeal the ECHR ruling. There is no uncertainty that Polish law justifies the ban on killing sick children; in fresh years even opposition politicians have repeatedly admitted this, indicating that the Constitutional Court in 2020 simply could not say otherwise, due to the fact that the Polish constitution actually guarantees the right to life and the illness of the kid is not applicable here.
However, it seems highly doubtful that under Donald Tusk's rule, the conviction should be appealed. The adoption of EU optics will make the problem of eugenic abortion solved by the current government majority de facto: hospitals will be afraid to apply the ruling of the Polish Constitutional Court in practice, knowing that this could lead to serious consequences in relation to the government's approval of the explanation of the ETPC. This would mean that the judgement of the Court was actually annulled – that is, precisely what the ruling coalition cared about.
It does not appear to be a coincidence that the ECHR's conviction has just fallen. If the ruling had been announced earlier, possibly nothing would have changed, due to the foreseeable protest of the erstwhile Ministry of Justice. Since Adam Bodnar became the head of the ministry, the situation is different.
In this way, 2 parallel processes take place: implementation in Poland of further elements of the civilization of death and questioning the authority of the Polish justice strategy for the benefit of EU structures. The erstwhile is straight related to the anticipation of killing Polish conceived children, the second being the actual failure of another absolutely crucial component of sovereignty.
And it's only the beginning of Tusk's reign...
Sources: newspaper.pl, PCh24.pl
A 38-year-old from Warsaw was set to kill a kid conceived in January 2021. The day before the planned abortion, she was informed that the procedure was cancelled due to the fact that a judgement of the Constitutional Court was published a fewer months ago. The conviction makes it impossible to kill children conceived due to illness. A 38-year-old accused the infirmary of violating her alleged rights to be guaranteed by the European Convention on Human Rights.
The situation was absurd adequate that Article 3, which she referred to, prohibits... torture or "inhuman" or "degrading" treatment. The ECHR considered that torture, inhumanity or humiliation in this situation was not, but that the infirmary had allegedly violated another article of the said Convention, No 8, which referred to unlawful interference in the private and household life of citizens. As a result, the ECHR demanded Poland to pay 16 1000 euro for compensation.
Interestingly, a female yet killed a sick child: she went abroad. The ECHR stated that specified a ‘necessity’ active ‘suffering’. "The change of law in Poland, which forced the applicant to leave, active suffering and had a crucial intellectual impact on it," said ETPC. "Unquestionably, having an abortion abroad distant from household support, alternatively than undergoing treatment in the home country, was a crucial origin of concern," added the ruling.
The Polish authorities could appeal the ECHR ruling. There is no uncertainty that Polish law justifies the ban on killing sick children; in fresh years even opposition politicians have repeatedly admitted this, indicating that the Constitutional Court in 2020 simply could not say otherwise, due to the fact that the Polish constitution actually guarantees the right to life and the illness of the kid is not applicable here.
However, it seems highly doubtful that under Donald Tusk's rule, the conviction should be appealed. The adoption of EU optics will make the problem of eugenic abortion solved by the current government majority de facto: hospitals will be afraid to apply the ruling of the Polish Constitutional Court in practice, knowing that this could lead to serious consequences in relation to the government's approval of the explanation of the ETPC. This would mean that the judgement of the Court was actually annulled – that is, precisely what the ruling coalition cared about.
It does not appear to be a coincidence that the ECHR's conviction has just fallen. If the ruling had been announced earlier, possibly nothing would have changed, due to the foreseeable protest of the erstwhile Ministry of Justice. Since Adam Bodnar became the head of the ministry, the situation is different.
In this way, 2 parallel processes take place: implementation in Poland of further elements of the civilization of death and questioning the authority of the Polish justice strategy for the benefit of EU structures. The erstwhile is straight related to the anticipation of killing Polish conceived children, the second being the actual failure of another absolutely crucial component of sovereignty.
And it's only the beginning of Tusk's reign...
Sources: newspaper.pl, PCh24.pl
