Eugenic abortion vs Polish constitution – ONE OF US
The European Federation for Human Life and Dignity ONE OF US supports «amici curiae» opinion for the lawsuit by the polish Constitutional Court.
Ordo Iuris Insitute Opinion stated that the admissibility of depriving of life an unborn child who is highly likely to suffer from diseases or disabilities are inconsistent with Article 2, Article 30, Article 38 in conjunction with Article 31 paragraph 3 of the Polish Constitution and numerous acts of international law.
In June 2017 the group of over 100 Members of Polish Parliament applied for Constitutional Tribunal to arbitrate that present polish abortion law is contradictory to polish constitution.
Constitution requires protection of human life and dignity and denies discrimination on age and disability. By contrary the law permitting abortion based on «high probability» and «severe handicap» is imprecise and interpreted with hugely limits to the unborn protection. Other participants of the proceedings (Polish Parliament and Attorney General) are also agreeing that present law is contrary to the constitution.
Protection of human life both before and after birth should be the fundamental standard of democratic state, what was already noted by polish Constitutional Court in judgement from 28.05.1997 recognizing abortion «because of hard living conditions or personal situation of the pregnant woman» as unconstitutional. From 1997 Tribunal many times reminded that constitution protects the life of every person regardless the age and life expectancy. 30.09.2008 Tribunal noticed that life of one person is stronger value that the health of the others. Good summary of the previous case law can be a judgement from 18.04.2018, where signalizing abnormalities in law regulating «in vitro» procedure. In this jurisdiction Tribunal notes that the «right of embryo to life» and «prohibition of a subject treatment of any embryo» belongs to the principles of polish law order.
Organisations that also supported opinion:
Polish Federation of Pro-Life Movements – Poland, ONE OF US Foundation – Poland, Citizens Initiative Committee ,,Stop Abortion» – Poland, Federation of Catholic Family Associations in Europe (FAFCE) – Belgium, Saving Downs and Downpride – Canada, Vigilare Foundation – Croatia, Society for the Protection of Unborn Children – Great Britain, Betlehem Pray and Pro-Life Society – Hungary, Human Life International – Hungary, Alpha Allliance for Life – Hungary, European Family Science Society – Hungary, Pro Life Campaign – Ireland, Family & Life – Ireland, Stirezo –Netherlands, Civitas Christiana – Netherlands, Terri Schiavo Life & Hope Network – USA, Parliamentary Network for Critical Issues – USA, The American Association of Pro-Life Obstetricians and Gynecologists – USA, Civil Rights for the Unborn – USA, National Life Center, Inc. – USA, The Restoration Project (Catherine Davis) – USA, 40 Days For Life – USA, Issues4Life Foundation (Walter B. Hoye II) – USA, Chloe’s Foundation – USA, International Solidarity and Human Rights Institute – USA, International Organization for the Family – USA, Students for Life of America – USA, The American College of Pediatricians – USA, The American Society for the Defense of Tradition, Family, and Property – USA, Priests for Life, Fr. Frank Pavone, National Director – USA, Save Down Syndrome – USA, The Magee Project – USA, The Prolife Center at the University of St. Thomas – USA, United Families International – USA, Family Watch International – USA.
Amicus curiae opinion: LINK