The judgment of the Constitutional Tribunal did not change the law in Poland

The decision issued by the Constitutional Tribunal presided over by Julia Przyłębska deprived women of the possibility of terminating their pregnancies in the case of severe and irreversible foetal impairment or an incurable disease that threatens its life.

"We must and will change the practice of proceedings from day to day so that, despite the unsatisfactory legal situation, this verdict of Julia Przyłębska does not weigh on the life and safety of Polish women," announced the head of the government.

Prime Minister Donald Tusk stressed that the 2020 judgment did not change the law in Poland. There are three grounds under which a pregnancy can be legally terminated:

• if the pregnancy poses a threat to the woman's life or health,
• if prenatal tests or other medical indications indicated a high probability of severe and irreversible foetal impairment or an incurable disease threatening its life,
• if there is a reasonable suspicion that the pregnancy was the result of a prohibited act.

"These regulations are still in force. The problem is that after the verdict of the Przyłębska tribunal, there was an escape from responsibility. And there was also a redirection of the prosecution's attention from the protection of women's life and health to building the uncertainty and fear of doctors that if they save a woman's life and health, they will face criminal liability, said the head of the government.

The hospital will be liable for refusal of justified termination of pregnancy

Prime Minister Donald Tusk has instructed the Minister of Justice, the Prosecutor General and the Minister of Health to present specific guidelines to the relevant institutions and individuals. According to them, the hospital will lose the contract with the National Health Fund in the field of gynaecology if it refuses to terminate the pregnancy justifiably, and thus endangers the health and life of the woman.

"The conscience clause cannot replace this obvious duty of every doctor, which is to save the life and health of a woman. We will expect the national consultant for gynaecology and provincial consultants to carry out an audit of all conscience clauses, stressed the head of the government.

There will be no escaping responsibility

Prime Minister Donald Tusk announced that any refusal to perform a justified procedure will be reported ex officio to the prosecutor's office.

"From today, the prosecutor's office will be obliged to investigate why someone endangered the life and health of a woman and why this person did not decide to save her health and life," announced the Prime Minister.

President Tusk also drew attention to the need for greater activity of the Ombudsman for Patients' Rights. It is m.in about the information campaign in hospitals, but also about hospitals. The Prime Minister pointed out that the practices of the previous government had taught thousands of people to escape responsibility.

"The public and stakeholders need to know what quality and guarantees of safe care await them in a given hospital. This should bring relief to those who are suffering today. To those women who are afraid today. To those women who think whether they will meet their fate, those most tragically affected by the cruel practice under the rule of the Law and Justice party," said the Prime Minister.

These solutions will be introduced by the decision of the Prime Minister, relevant ministers and institutions. The head of the government announced that "this is not an action instead, so he will follow all available steps to change the law in Poland anyway".