Alicja TysiacV Poland

international | gender and sexuality | opinion/analysis

Tuesday March 20, 2007 20:06

by C Murray

Centre for Reproductive Rights Applauds Landmark Decision

The European Court for Human Rights today held that Poland was in violation of
the human Rights of Alicja Tysiak who had sought an abortion due to a medical
condition which had caused irreversible eye damage.

She had been refused a certificate authorising the abortion, which had left her
forced to continue with the pregnancy.

By Law Poland allows women to have abortions when their health is in danger, in the
Tysiac case the Polish State had failed to meet with it's legal obligation.

Strasbourg , March 20th , 2007:-

EHCR has found that Poland is in violation of the human rights and awards Eur 25,000
in case of a woman left nearly blind.

For the first time the European court of Human rights has held that governemnts have a
duty to establish effective mechanisms for ensuring that women have access to
abortion where it is legal.

The Centre for Reproductive Rights ,[ an NGO] uses the law to advance reproductive
rights globally, filed a friend -of-the court brief in the case. The centre argued thar under
International Law and National Law levels in Europe, states have a duty to establish effective
procedures to ensure that women legally entitled to abortion are able to effectively
excercise that right.

info at link :- http://www.reproductiverights.org

The LPR has been forcing a constitutional challenge to article 38 of the
Constitution to have the wording amended to 'protect human life from
the moment of conception'.

Poland allows only limited abortion rights- the LPR constitutional challenge
would further reduce those rights specfically in relation to medical/therapeutic
abortion rights.

Alicja Tysiac had been given medical advice that a further pregnancy would
debilitate her further, but not the necessary legal documents for getting
an early (12 week) termination.