Key Points
- The 14-year-old was sexually assaulted by her uncle.
- Doctors at several hospitals use a conscience clause to avoid carrying out an abortion.
- The case has prompted opposition politicians to call for a change in the law.
Content warning: This article contains reference to rape and sexual assault.
Poland’s health minister weighed in Monday on a high-profile sexual assault case, saying it was “unacceptable” that a mentally disabled 14-year-old girl struggled to get a legal abortion.
The case, which saw doctors at several hospitals use a conscience clause to avoid carrying out the procedure, has sparked renewed calls to ease the Catholic country’s abortion laws, which are among Europe’s most stringent.
“We are appalled by this case, here our response is unequivocal,” Health Minister Adam Niedzielski told reporters.
Since a near-total ban came into effect in 2021, abortion in Poland is legal only if the pregnancy results from sexual assault or threatens the life or health of the woman.
But as the current case demonstrates, even legal abortions are sometimes difficult to obtain in the EU country.
The teenager, who has not been publicly identified, became pregnant after she was sexually assaulted by her uncle, according to the women’s rights group Federa.
Federa, which first reported the case, said the teenager had mental disabilities and was unaware of the pregnancy until her aunt discovered what had happened and tried to help her get an abortion.
But doctors at several hospitals in eastern Poland refused to terminate the pregnancy, citing a so-called conscience clause that allows them not to carry out an abortion if they feel it goes against their beliefs.
An abortion was ultimately carried out in Warsaw after Federa stepped in.
“No words of disgust are sufficient for such behaviour… but for us, the most important thing was to help the girl,” Federa said.
The case has prompted opposition politicians to call for a change in the law.
“The conscience clause is a barbaric and inhumane law… and should be scrapped,” left-wing MP Katarzyna Kotula told reporters.
Centre-left lawmaker Barbara Nowacka said the opposition would draft a bill restricting the use of the clause by doctors.
The government’s ombudsman Marcin Wiacek said the case showed deficiencies in the legal system, saying the teenager should have been informed of hospitals willing to perform the abortion.
Abortion has become a political battleground in Poland since its highest court sided with the right-wing government in late 2020 to rule that terminations due to foetal defects were unconstitutional.
Discussion about this post