The scope of punishment for acts related to the termination of pregnancy is shaped in part not by law, but by a judgment of the Constitutional Court, issued in a composition challenged by the European Court of Human Rights.
The Ombudsman points out the following:
According to Article 4a (1) of the Law of January 7, 1993 on Family Planning, Protection of the Human Fetus and the Conditions for Permissibility of Termination of Pregnancy, termination of pregnancy may be performed only by a physician when the pregnancy poses a threat to the life or health of the pregnant woman or when there is a reasonable suspicion that the pregnancy has resulted from a criminal act.
In a judgment of the Constitutional Court on October 22, 2020. (Ref. K 1/20) questioned the possibility of abortion when prenatal testing or other medical indications point to a high probability of severe and irreversible fetal impairment or an incurable life-threatening disease.
This judgment was published in the Official Gazette, which resulted in the repeal of the provision indicated in its operative part. In the current state of the law, there is no procedure for challenging or contesting this judgment in a...
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