Irish Examiner view: Unbending abortion laws penalise women

One woman dies unnecessarily in Poland and another is jailed in England — two cases that highlight how overly-restrictive abortion laws can cause unintended suffering
Irish Examiner view: Unbending abortion laws penalise women

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Abortion rights globally are under consistent pressure for a variety of reasons, be they legal, political, moral, or otherwise, but recent prominent cases have brought to the fore the minefield women who need to terminate a pregnancy now face, as well as the challenges posed to many countries by overly restrictive legislation.

The death of Dorota Lalik in a hospital in Nowy Targ, Poland, last month sparked mass demonstrations across the country after it was revealed the 33-year-old’s could have survived if the John Paul II Hospital had told her that her life could be saved if she had an abortion. 

Polish patients’ rights ombudsman, Bartlomiej Chmeilowiec, found last week that the hospital violated her rights by withholding information which could have saved her life.

Doctors in Poland say they are operating under a “freezing effect” as a result of a 2020 court decision which judged that abortion due to foetal abnormalities was unconstitutional. 

Doctors who carry out an early abortion face up to three years in jail if prosecutors later decide there was no danger to the mother. Some medics are now afraid to provide abortions because of the law.

And in England last week, we saw the jailing of a woman for procuring a late abortion in a case which both pro- and anti-abortion campaigners recognised as completely tragic. A mother of three will spend a year separated from those children as a result of a prosecution under existing law.

Both cases highlight gaps in laws in different parts of the world and both led to terrible and unwanted outcomes. They have highlighted how unforgiving laws can cost lives and unnecessarily penalise women with unintended consequences.

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