Photo : David Zuchowicz/Agencja Wyborcza.pl via REUTERS
NIAS Europe Daily Brief #07, 09 November 2021, Tuesday
IN FOCUS
By Vaishnavi Iyer
"Her heart beats too": Poland's anti-abortion protests continue
Mass demonstrations under the slogan of "Not one more" and candlelight vigils were held for the death of a 30-year-old mother, identified only as Izabela. She had succumbed to septic shock at a hospital in Pszczyna, in the south of Poland in October 2021. Although having passed away in September, her death was brought up by her family to "draw public attention to the situation of women and doctors in Poland and to lead to changes in the law." The death has been registered as a possible cause by medical error and is referred to a regional prosecutor.
Official clarification
On 07 November, Poland's Health Minister Adam Niedzielski detailed the latest legislative restriction and medical recommendations on abortion. The clarification states that if a mother's life or health is at risk, doctors "must not be afraid of making obvious decisions" about abortions. The guidance was scheduled amidst mass protests in Gdansk, Wroclaw, Szczecin, and Pszczyna, along with other major cities in Poland.
Poland, which is predominantly Catholic, already had one of Europe's strictest abortion laws, prohibiting the procedure in almost all circumstances except rape or incest, and if the woman's life or health is in danger. Izabela's death comes after a contentious judgement by Poland's constitutional court last year that declared a 1993 statute allowing abortions in cases of serious foetal abnormalities illegal. The verdict, which triggered widespread protests across the country, intensified the EU's most draconian abortion rules, limiting abortion to only two scenarios: a threat to the mother's health or a pregnancy caused by rape or incest. The tribunal's decision eliminated the option of having abortions if a woman's life was in danger, or if the foetus had incurable deformities. Despite the fact that her foetus lacked amniotic fluid, which can cause deformities or defects in the womb, doctors refused to allow Izabela an abortion, according to a lawyer representing the family. Instead, she was told by medical personnel that she would only be treated after the foetus died, as stated by the lawyer.
The need for the clarification thus arises over the question of - would Izabela still be alive if this occurred before the ruling?
Poland's official position on abortion
Poland's Prime Minister Mateusz Morawiecki said: "If the life or health of the mother is threatened then an abortion is still possible, and here nothing has changed." Attending the protest in Warsaw, former European Union leader Donald Tusk expressed opposition to the recent ruling. Niedzielski described the case as complex and requiring further investigation. He claimed that obstetricians would be given instructions to make it clear that a woman's safety is reason enough to terminate a pregnancy.
The hospital staff noted that they "did everything in their power" to help Izabela and the foetus. The Associated Press reported that all medical decisions were made in accordance with the legal provisions and standards of conduct in Poland. Rene Donadio of the International Planned Parenthood Federation European Network noted: "If this had occurred before that ruling, Izabela would still probably be alive." Protest organizer, Katarzyna Kotula, referred to "the frozen effect" of the ruling which leaves medical professionals in a limbo to perform abortions. Protestors noted that similar cases would continue to occur if there was no change.
The verdict was unrelated to Izabela's case, according to Weronika Przebieraa of the International Law Center Institute at Ordo Iuris, an ultraconservative Catholic legal organisation that fought for the abortion limit. "The doctors simply failed to exercise their right," Przebieraa said, referencing a part of the legislation that allows abortion when a woman's life or health is in danger. Przebieraa claims that a change in the law would have had no impact on Izabela's medical status.
Too little too late for Poland?
As a devout Catholic country, this is not the first time Poland has seen protests over a conservative ruling. Poland is ranked 24th in the EU on the Gender Equality Index, with 55.8 points out of a possible 100. Poland's score is 12.1 points lower than the average for the European Union. Its score has barely risen by 0.3 points since 2010, with a slow increase of (+0.6 points) since 2017. In 2019, Poland's ruling party stoked the fires of public outrage rather than stepping down over the abortion bill. The party openly claimed that "waging war against women" would pay dividends in domestic politics. Poland's de facto leader, Jaroslaw Kaczynski, said that the country was undergoing a "culture civil war" and had encouraged people to defend the church "at all costs" or Poland would be "devastated."
Poland in the past few months has made controversial legal updates surrounding the ban of pride parades and a court appeal which overpowers Polish National Law over EU laws. Despite threats from the EU over increased sanctions, Poland's ruling party "thrives on fear mongering." Notably for the PiS domestic politics are more important than international commitments. The conservative values pitch by the party resonates strongly among the right and radical voters stroking far-right nationalistic sentiments. A few of these supporters had even made a human shield around a church in 2019 against females protesting over the abortion laws.
The ruling party is presenting the demonstrations as an attack on a cornerstone of Polish society and, by extension, an offensive on "the people" by framing the struggle as one centered on the church. PiS has constructed a false contrast between itself and political opponents who are pro-LGBTQ rights or pro-migration and so ostensibly aiming to "undermine the Polish way of life." The party's polling success demonstrates that a segment of the electorate reacts positively to these techniques. The "us versus them" narrative has also allowed the government to shift the blame of mishandling the pandemic and attributing the rise of covid cases to all the protest gatherings.
Europe must not be a mute spectator while Poland blows up. The European Commission must take a stand. It must not only criticise restrictions on women's access to safe and legal abortion and attacks on children's right to sex education, but it must also take a far stricter position on Poland's deteriorating rule of law. Poland cannot continue to publicly abuse, harass, and intimidate people who want to uphold the rule of law. 2021 has seen intense legal reforms over abortion laws. However, most of these laws have seen a regressive pattern. The consequences of the directed constitutional reform are borne by groups disadvantaged to the legal and political battle. It will be interesting to observe how the international community reacts to such statutes.
References
"Poland clarifies abortion law after protests over mother's death," BBC, 09 November 2021.
Sammy Westfall, "Poland's abortion law under scrutiny after pregnant woman dies in hospital," The Washington Post, 03 November 2021.
James Shotter and Agata Majos, "Thousands protest against Polish abortion laws," Financial Times, 07 November 2021.
"Polish parliament debates bill to ban "promoting homosexuality" and LGBT parades," Notes from Poland, 29 October 2021.
"For Poland's ruling party, waging war against women pays off," POLITICO, 29 October 2020.
IN BRIEF
By Joeana Cera Matthews
FRANCE
Couple wins legal fight over 'turbine syndrome'
On 08 November, The Guardian reported a judge in Toulouse to have compensated a French couple with EUR 110,000 after accepting that their health was affected due to a nearby windfarm. In the first judgement of its kind, Christel and Luc Fockaert were recognized to have been impacted by 'turbine syndrome' - essentially a sociological phenomenon, characteristically spread by terming the impact as 'vibro-acoustic disease' and 'wind turbine syndrome'. Six wind turbines located 700 metres from their residence at Fontrieu in the Tarn, southern France were alleged to have caused several health issues. After suffering from headaches, insomnia, heart irregularities, depression, dizziness, tinnitus and nausea for two years, the couple shifted. Christel said: "We didn't understand straight away, but little by little we realised the problem came from the turbines." The couple's lawyer Alice Terrasse stated: "It's an unusual case and as far as I know there has been no precedent… We already consider environmental issues and biodiversity, and occasionally the impact on landscapes, but not enough the issues of human health. This could create a jurisprudence and, above all, make the regulations evolve." (Kim Willsher, "French couple who said windfarm affected health win legal fight," The Guardian, 08 November 2021)
CLIMATE CHANGE
COP26: Global protests erupt following lack of substantial measures
On 06 November, protests across the world witnessed climate activists gathering to point out the inefficient talks taking place at the UN's COP26 summit in Glasgow, Scotland. Protests were seen alongside the summit talks in Glasgow, while elsewhere in the world, similar protests were seen in Seoul, Sydney, Nairobi, Istanbul, Copenhagen, Amsterdam, Paris, London, among other cities. The protesters were specific about what they protested in some regions, as Sydney and Melbourne saw the demonstrators dissenting the Australian Prime Minister Scott Morrison's advocacy for the mining industry. The leaders were criticized for not taking 'immediate and serious' measures to reduce the carbon emissions. The lack of urgent measures to tackle climate change made a few of them deem it another 'blah blah blah' climate summit, quoting Greta Thunberg while others have gone to the extent of calling it a 'failure'. ("Climate activists rally outside COP26 in Glasgow," Deutsche Welle, 06 November 2021)
MIGRATION
Poland-Belarus migrant crisis escalates; EU calls for further sanctions
On 08 November, Belarusian media released a video that showed Belarusian border guards escorting almost thousands of migrants to the Polish region of Podlaskie in order to let them cross into the EU. Following this, video reports saw Polish border guards pushing back the migrants with the use of tear gas as people attempted to knock down the fences and cut through the barbed wire. At this, the migrants were heard shouting "Germany!" European Commission President Ursula von der Leyen called for further sanctions to be imposed on the Belarusian regime and proposed to consider additional measures on "how to sanction, including through blacklisting, third-country airlines that are active in human trafficking". ("EU's von der Leyen calls for new sanctions on Belarus over migrant influx," France24, 08 November 2021; Andrew Roth, "Belarus escorts 1,000 migrants towards Polish border | Belarus," The Guardian, 08 November 2021)
INTERNATIONAL
The US: Republicans propose further sanctions on Nord Stream 2
On 09 November, Republicans from the US Senate brought forth legislation that would essentially impose sanctions on Russian Gazprom's Nord Stream 2 pipeline. Their argument is built on fears of losing the regional allies of the US like Ukraine. Ohio Senator Rob Portman said: "(the sanctions are) crucial to supporting European independence and energy security." This proposal is expected to be an amendment to the National Defense Authorization Act (NDAA). The passing of the same would compel the US President Joe Biden to impose a new set of sanctions on Nord Stream 2 AG. Earlier this year, sanctions imposed on the pipeline were waived by Biden after he agreed to a deal with Germany's Angela Merkel. The pipeline has been completed and awaits approval in order to begin full-fledged gas transits from Russia to Germany. ("Nord Stream 2: US Republicans urge sanctions," Deutsche Welle, 09 November 2021)