The European Court of Human Rights (ECHR) has come under criticism after ruling against Poland in a case concerning abortion on the grounds of disability.
The legal challenge was brought by a woman who travelled abroad for an abortion after Poland’s 2020 Constitutional Tribunal decision to strike down abortion on the grounds of fetal disability. The woman travelled abroad for the abortion after her baby was diagnosed with a severe abnormality.
Poland's 2020 court decision affirmed that unborn children with disabilities deserve equal protection under the law and that every human being has an inherent dignity.
The ECHR has now ruled that the rights of the woman were violated. This follows a previous 2023 ruling by the ECHR that Poland's change to the law in disability-based abortions was a violation of Article 8 of the European Convention on Human Rights, which protects the right to private and family life.
Dr Felix Böllmann, Director of European Advocacy for legal advocacy group ADF International (ADF) criticised the November 13 ruling, arguing that Poland was within its rights to determine its own laws on the matter.
“With this judgment the European Court of Human Rights has interfered in a matter that belongs squarely under Polish jurisdiction," he said.
"Poland has both the sovereign prerogative and the duty to protect all innocent human life.
"Poland’s Constitutional Tribunal acted courageously to protect children with disabilities from discrimination before birth — a goal fully consistent with international human rights law."
He said the judgment was a "troubling" sign that the ECHR was "willing to overstep its role".
It follows a recent joint letter signed by nine EU countries - Austria, Belgium, the Czech Republic, Denmark, Estonia, Italy, Latvia, Lithuania, and Poland - which called for an “open-minded conversation” about how the European Convention on Human Rights is interpreted.
“The Court should return to its original mission of protecting genuine human rights, not inventing false ones,” Böllmann continued.
He called on EU institutions to protect the unborn, and respect the right of nations to legislate in accordance with their own constitutional and moral frameworks.
“The European Court should uphold, not undermine, the fundamental right to life, and this ruling severely undermines the right to life of the disabled unborn. No baby should suffer life-ending discrimination in the womb," he said.
