On October 22, Poland’s constitutional court ruled that aborting a fetus due to a fatal abnormality is not sufficient justification for the termination of a pregnancy. Not only does this ruling directly attack a woman’s right to bodily autonomy, but it is also representative of the ever-growing threat to Polish democracy, the rise of staunchly right-wing politics, and, with it, the splintering of the European Union (E.U.) and its bubble of liberal democracies.
Polish politics are vastly swayed by the dominating Law and Justice Party (PiS). Also known as the United Right, foreign relations experts characterize the political party as a semi-authoritarian regime.
To that end, in the five years since the PiS has emerged as the majority party, they have filled 14 out of the 15 seats on Poland’s constitutional tribunal with judges loyal to their party. In meddling with Poland’s judicial branch, the PiS has violated the nation’s rule of law, wielding higher government as a tool to impose their religious and right-wing agenda.
Earlier in October, Time found that 60% of Polish people are in favor of liberalizing abortion laws. However, the PiS, with their conservative political stance, blatantly disregards the needs of an increasingly liberal population. What’s more, 430,000 people across the country have participated in protests — Poland’s largest public movement since the Solidarity Movement in 1989, which ultimately led to the fall of communism in the nation. The recent protests have been glossed over by politicians, whose primary concern is to bolster their party platform rather than benefit the people.
While the demonstrations in opposition to the abortion law may have begun with the intention of protecting women’s rights, they have evolved into an expression of anger toward the government for its corruption and its influence on the judiciary and nation as a whole.
The abortion law and, more broadly, the rise of the PiS has also heightened tensions between Poland and other E.U. member states. The E.U. believes in democratic principles, including freedom of speech, fair and just election processes, and meeting the needs of the people.
Even without the recent abortion law, Poland has violated these standing principles. According to the European Commission, which is responsible for initiating and enforcing the E.U.’s laws, “Where a constitutional justice system has been established, its effectiveness is a key component of the rule of law.” Poland’s constitutional tribunal is a systematic threat to the rule of law because it is highly partisan.
Because the PiS and other E.U. member states have different ideas of how to govern, the E.U. consensus has started to fragment. Already, Poland and Hungary are on thin ice for blocking $2.2 trillion in E.U. funds, allocated with the intention of alleviating some of the pandemic’s financial burden. And, as of now, both countries are questioning their E.U. membership, inciting debates over “Polexit.”
Ultimately, Poland’s corruption within the independent judiciary branch, apathy towards women’s rights, and neglect of the most fundamental E.U. values represents the rise of the far right. Only when the PiS is overthrown and its outdated ideology is expelled will the nation be able to begin rebuilding the principles on which it is founded.
A protest in Warsaw in mid-November against Poland’s abortion ban. Photo courtesy of The New York Times
