Comunicato stampa – Brussels, 17 November 2025
The ECHR reaffirms no right to abortion exists – yet eugenic discrimination against children with disabilities continues unchecked
The European Federation ONE OF US takes note of the judgment made public on Thursday 13 November 2025 by the European Court of Human Rights (ECHR) in A.R. v. Poland (Application no. 6030/21). While the Court finds a violation of Article 8 due to procedural irregularities in Poland during late 2020, the judgment contains a crucial reaffirmation: the ECHR confirms that no right to abortion exists under the Convention, including in cases of disability.
However, this legal clarification cannot obscure the profound human tragedy at the heart of this case: a child diagnosed with Trisomy 18 was eliminated through abortion because of their disability.
The facts and the law
The applicant, upon receiving a prenatal diagnosis of Trisomy 18, travelled to the Netherlands to abort, during a period of legal uncertainty following the Polish Constitutional Court’s October 2020 ruling that abortion on grounds of disability constitutes an unconstitutional eugenic practice. The ECHR found Poland in violation of Article 8 on procedural grounds: the delayed publication of the Constitutional Court’s judgment (from 22 October 2020 until 27 January 2021) created a “prolonged situation of considerable uncertainty” (§106) regarding the applicable legal framework.
Critically, the Court did not rule that Poland — or any State — must permit abortion in cases of disability. The Court reaffirmed that “not every regulation of pregnancy termination constitutes an interference with the mother’s right to respect for her private life” (§104, citing A, B and C v. Ireland). European States retain full competence to protect unborn human life, particularly when threatened by abortion because of disability, consistent with Article 5(3) TEU on subsidiarity.
Eugenic discrimination: a structural injustice
What occurred in this case reflects systemic discrimination against persons with disabilities beginning before birth. When disability is treated as a legitimate ground for ending human life, society sends an unmistakable message that certain lives are not worth living.
In this case, a child with Trisomy 18 — a recognized disability — was denied the most fundamental right: the right to life. The right to life is a right for everyone, even if life is likely to be very short. As the Charter of Fundamental Rights declares in Article 1: “Human dignity is inviolable. It must be respected and protected.” This dignity does not depend on genetic conditions. Article 21 of the Charter explicitly prohibits “any discrimination based on any ground such as… disability» a prohibition that must extend to the prenatal elimination of children because of their condition.
MVMC: risks of institutionalizing cross-border eugenic abortion
The applicant circumvented Polish law by travelling to another Member State. What occurred informally in 2020 risks becoming institutionally facilitated through the European Citizens’ Initiative « My Voice My Choice » (MVMC) proposal of a cross-border abortion mechanism. If abortion is included within EU’s competencies, this would create a system that:
- undermines national sovereignty where the ECHR confirms no right to abortion exists;
- pressures Member States against protecting unborn life; and
- entrenches eugenic practices by making disability-selective abortion easier to access across borders — violating Article 21 of the EU Charter prohibiting discrimination on grounds of disability.
Europe must choose dignity over discrimination
Prof. Tonio Borg, President of ONE OF US Federation, states: “This judgment confirms there is no right to abortion under European human rights texts. Yet a child was eliminated precisely because of disability. Europe cannot simultaneously proclaim commitment to inclusion while facilitating eugenic practices. Every human being, regardless of genetic condition, possesses equal and inviolable dignity. Even when this human being is affected by a condition that will shorten their life.“
ONE OF US calls on European institutions to:
- respect the ECHR’s position that no right to abortion exists;
- reject the proposals of the “My Voice My Choice” initiative that would facilitate abortion tourism;
- implement genuine inclusion policies supporting persons with disabilities and families; and recognize the inconsistency between EU disability rights commitments and policies enabling disability-selective abortion.
Key Messages
- The ECHR confirms no right to abortion exists under the European Convention, including for disability-based abortions.
- Poland was found in violation strictly on procedural grounds, not on the substance of protecting life in cases of disability.
- A child with Trisomy 18 was eliminated — reflecting systemic eugenic discrimination condemned by different European and International treaties.
- MVMC risks institutionalizing cross-border eugenic abortion tourism, undermining sovereignty and EU disability rights commitments.
The European Federation UNO DI NOI brings together 50 NGOs from 18 European countries. Each of them provides practical help to women and men in the field of maternity, paternity. The ONE OF US’ raison d’être is to protect human dignity in EU policies, as formally asked by the 1,9 million citizens in the most successful ECI in the EU ‘ story.
