Furgalska, Magdalena orcid.org/0000-0003-0469-5885 and de Londras, Fiona (2022) Rights, Lawfare and Reproduction:Reflections on the Polish Constitutional Tribunal's Abortion Decision. Israel Law Review. ISSN 2047-9336
Abstract
In 2020 the Constitutional Tribunal of Poland held that the legislation that permitted abortion in cases of ‘fatal foetal anomaly’ was an unconstitutional interference with the right to life of the foetus. This article examines the recent decision, which prohibits abortion on the grounds of foetal anomaly, arguing that this decision is part of a broader scheme of Polish and transnational anti-abortion lawfare. This lawfare seeks both to (re)shape Polish law in an anti-abortion mould, and to take advantage of ‘gaps’ in European and international human rights law standards on abortion in order to claim rights compliance for law and policy that, in reality, restricts access to abortion in a manner that is incompatible with international human rights law.
Metadata
Item Type: | Article |
---|---|
Authors/Creators: |
|
Copyright, Publisher and Additional Information: | © The Author(s), 2022 |
Keywords: | Polish Constitutional Tribunal,abortion,lawfare,women's rights,reproductive rights,Poland,International human rights law |
Dates: |
|
Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Depositing User: | Pure (York) |
Date Deposited: | 15 Jun 2022 15:50 |
Last Modified: | 07 Feb 2025 00:33 |
Published Version: | https://doi.org/10.1017/S002122372100025X |
Status: | Published online |
Refereed: | Yes |
Identification Number: | 10.1017/S002122372100025X |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:188072 |
Download
Description: Rights, Lawfare and Reproduction: Reflections on the Polish Constitutional Tribunal's Abortion Decision
Licence: CC-BY 2.5