European court upholds Polish court ruling abolishing eugenic abortions

The European Court of Human Rights has rejected a case challenging Poland's abolition of eugenic abortion of babies with disabilities.

In 2020 the Polish Constitutional Court made eugenic abortions illegal. Since then, many applied to have the decision reversed, culminating in last week's case A.M. and others v. Poland (no. 4188/21). The case was engineered by the Polish Federation for Women and Family Planning (FEDERA). 

The European Center for Law & Justice (ECLJ) describes what was at stake in the case:

At issue was the decision of the Polish Constitutional Court of October 22, 2020, ruling that eugenic abortion is contrary to the constitutional principles of respect for human life and dignity, which is endowed to every human being from before birth.

Ultimately, the Court dismissed the applications as the applicants could not claim being victims of the law – none of them were pregnant or expecting a child with a disability. 

The Court withstood heavy pressure from at least ten major pro-abortion organizations who sought to make it a “right” to abort children with disabilities, in particular, Down Syndrome.

The ECLJ reflects: 

Despite all their efforts and prestige in the eyes of the world, the pro-abortion groups did not succeed in convincing the Court, which refused to allow itself to be crudely used—and demeaned—for purely political ends.

Many advocates for life stood against these pro-abortion groups and worked tirelessly to persuade the Court to continue to protect the lives of innocent babies. These included the ECLJ, former ECHR judges, United Nations experts, a former European Commissioner for Health, a former President of the Inter-American Court of Human Rights, and other magistrates and academics. 

Associations of people with Down Syndrome also joined the fight. Two young women with Down Syndrome, Charlotte and Laura, created powerful videos that share their personal stories of living with the condition and call for the protection of unborn babies.

Charlotte's Story

Charlotte sends a poignant message to women who have chosen to abort their Down Syndrome babies:

To the woman who out of fear decided to end her baby's life with Down Syndrome: I feel pity. You will never know unconditional love; that's very sad. Your fear harmed your thinking and killed your innocent baby. I know you justify your actions by saying you wanted a perfect child. That's the saddest thing of all, because that child does not exist. There is no such thing as perfect. We are all imperfect.

Laura's Story

Laura comments that people have many false prejudices about Down Syndrome, and that they might change their minds if they took time to learn more. “It's true that it is not easy to live with this illness, but we are like everybody!”

She urges mothers with Down Syndrome babies “to fight, and to go beyond, and not to despair…Everybody has the right to live. Everybody is important, even people with disabilities.”