Why Poland has one of the most restrictive laws on abortion among Europe? The Member of the European Parliament Joanna Senyszyn, interviewed by West, has no doubts: “because it is a confessional state”. Professor of economics and member of the Women’s Rights and Gender Equality Commission, she is renowned in her country for conducing several campaigns and promoting the law on the liberalization of abortion.
1.What could be the reasons that in April 2011 led to the collection in two weeks of more than 600,000 signatures to abolish abortion?
JS: When elections are looming on the horizon, it forms an intense mobilization on this issue. It creates a strong agitation, mainly organized by the strong Catholic influence. This year the organization Pro Life, which has many followers in the country, has campaigned very effectively, collecting thousands of signatures in front of the churches, the places where it is easier to find consensus for its policies on abortion.
2. What is your opinion about young people under 25 who are opposed to abortion?
JS: The young people follow religion classes at school that surely affect them. For young girls, however, it is especially hypocritical. They are educated in a fairly traditional way so they claim to be against abortion, but then they do the opposite. Sex education is insufficient, and, unfortunately, ignorance reigns supreme on contraception. 13% of girls still think that pregnancy occurs after a kiss. Hence, they started their sex life without kissing and, however, remained pregnant.
3.How would you comment on the fact that Poland is one of the most restrictive countries in this regard?
JS: It is above all religion, because after 1990, Poland has become a “confessional” state, it still possesses many attributes of a confessional state, including the lack of a neutral ideology in the field of law. And that’s why we have a restrictive anti-abortion law, why there are no funds in the budget for in vitro treatments, why we have a paragraph in our Criminal Code on offense of religious feelings: it is possible to offend any feeling except that the religious one.
We are a confessional country, almost like the Islamic states and that is why there is still a ban on abortion. The bishops have a great influence on politicians and the right to decide on these issues. However, citizens increasingly avoid taking into account the views of the Church, although they claim to be Catholics.
4. Is there are any known data on the number and the conditions under which illegal abortions take place in Poland?
JS: It is estimated that there are 100-150.000 illegal abortions every year, although this number may drop slightly due to new methods of contraception. Today you can take a pill that prevents fertilization of the egg that lasts 72 hours and therefore may limit the need for an abortion. Even though the new methods lead to a reduction in cases of abortion, the world of illegal abortions is still well developed. In addition, many Poles go abroad to have the surgery because it is safer than at home. So it is hard to give precise numbers about it. This, however, can be estimated on the basis of the number of ads that relate to abortion, but of course are disguised and therefore called something like “all gynecologists interventions” or “ways of recalling the period “. If there are so many gynecological surgeons always willing to put ads like that, for a lot of money and in different newspapers, then evidently it must be convenient for them.
5.What is the position of your party with respect to the status quo and what are your proposals?
JS: My party has presented on several occasions various proposals to liberalize abortion. The law decreed in 1993 is still in force, but in 1996 we already presented a project in Parliament and we passed an amendment that would allow abortion for social reasons, or when the woman is in difficult living or personal conditions. In 1997 the Constitutional Court has declared this amendment as unconstitutional, which therefore remained in force less than a year. In 2003, however, in collaboration with various women’s organizations we have drafted a new law to permit abortion up to the twelfth week of pregnancy as well as the funding of “in vitro” treatments for social reason, and a better access to contraceptives as well as an increase of sex education. This bill was presented on my behalf in April 2004.
Unfortunately it did not get a majority in the Parliament, it has not even been admitted to the first reading, because the Alliance of the Left has never had a majority in the Lower House of the Parliament. Then I presented several bills for the financing of in vitro treatments through social funds. Unfortunately they were also rejected in the Parliamentary Commission, and before even reaching the Lower House of the Parliament. This year, still during the previous legislature, the SLD has presented a bill to liberalize abortion, which was examined in parallel to that for the complete abolition of abortion. Both projects have been rejected, but the difference was that while the proposal to completely ban abortion was rejected for only 5 votes before reaching the final reading, while our proposal for liberalization of abortion had the only support of our group, all others were opposed to it. So, in the Lower House of Parliament at the moment there is practically no secular member, and hence there is no possibility to change the law. Obviously that it is a compromise is nothing but a falsehood, it is no compromise at all. The law in force in Poland violates the rights of women to self-determination.
As I wrote in my bill, until the twelfth week, a woman should have the right to do abortion without any conditions, or other explanation. If a woman feels forced, she should be able to do so. In Poland, unfortunately, very often you use this language: a woman wants an abortion. But women generally do not want to terminate a pregnancy. They want to have children, they love children, but there are circumstances in which a woman for several reasons feels compelled to renounce it, and in these cases she shouldn’t give any explanations and just be able to do so.
It is worth mentioning that putting any condition is a limitation of civil liberties. The woman’s decision should prevail against that of a doctor, a priest, a commission. Because in any case, if the woman decided to abort, she will in any case do it without looking at the law. Worldwide, 52 million abortions occur each year, half of which is legal and this is the most practiced medical intervention, more often than stomatology.
And this is obviously not a good thing. Moreover, it would take more sex education and contraceptives to have fewer unwanted pregnancies and therefore less abortions.
6. Could you tell what are the penalties for illegal abortions in Poland?
JS: If there are sanctions, then do not apply towards the woman, but towards those who persuaded her to abort, which means doctors or nurses. I think it should be around few years of imprisonment.
It sometimes happens that a woman interrupts the pregnancy and then accuses the doctor, because she goes unpunished.
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