Health law

Case Tysiac a/ Poland, 2007, ECHR

“Take the poor woman to the fact, make her bear full responsibility for the fault and its consequences and threaten her with years of imprisonment if, in despair, she decides to get rid of this burden too heavy for her: This is the philosophy of the legislation which, it should be emphasized, was elaborated by men “ Tadeusz Boy-Zelenski.

Request for legal care. The European Court of Human Rights had the opportunity to rule on the compatibility of the Polish abortion legislation with the European Convention in the famous case, Tysiac v. Poland, in 2007. Alicja Tysiac, a worker in southern Poland, a mother of two children who is already very short-sighted, is pregnant a third time and worries about the consequences of this pregnancy on her health when doctors announce the risks of a new pregnancy. His ophthalmological disease related to severe degeneration of the retina. The right to the polish MTP | medical termination of pregnancy (because the right to the polish TP | termination of pregnancy, means the abortion on women’s request  is totally forbidden) allowing her to undergo a medical termination of pregnancy, allows this patient to fall within the legal framework to claim to undergo an MTP. But the hospital refuses to take care of it. Doctors are humiliating towards her, the MTP is forbidden to her without consultation and the documents on her situation are destroyed. She lodged a complaint with the Council of the Medical Association in order to assert her right. The latter refuse without reason. She decides to look at the ads of gynecologists practicing an illegal abortion but the prices are too high for her. The deadlines are passed, after months of hard struggles to assert her right, she must resign herself to giving birth.

Aborcja w Polsce

Deep Discrimination of Women’s Right by Conservative Society. As a result of her delivery, as predicted by the medical diagnosis, she bleeds and loses an eye. She testifies: “I would have preferred to lose a part of me of 2 centimeters unconscious that my eye in horrible pain”.
Reply of the Order of Physicians to the press: “A true Polish Catholic mother must know how to sacrifice herself”.
Alicja Tysiac was already struggling financially with two children, with an illness that worsened and a third child, the whole family lives with difficulty, she says: “I ask the 68 Catholic organizations against the fact that I do not want to keep a Two centimeters of embryos, which have judged me, insulted, traumatized, I ask that only one of these organizations come to give me all the money, medicines and food that I can not pay with the arrival of This third child “.
The complaints lodged with the Polish Civil Court and the Court of Appeal were rejected, and she decided to go to the ECHR.

Inhuman treatment and non-respect of private life. The applicant lodged a complaint with the Court alleging infringement of Article 3 of the inhuman and degrading treatment of the European Convention on Human Rights and Article 8 for non-observance of the Convention.
This case was a key moment for the Court to establish the right to a European abortion. However, the Court confined itself to acknowledging that the Polish Government did not comply with its own laws. In a laconic and erratic manner, it states: “Even a minimal interference with the physical integrity of an individual must be regarded as an interference with the individual’s right to privacy set out in Article 8 Took place against the will of this individual “.
Although the Tysiac judgment censures Polish decisions which do not apply their own law, the Court refuses to deduce from Article 8, in the name of a principle of personal autonomy, a general right of Woman on her body, she merely recalls the procedural requirements deduced from this stipulation.

The Court suggests with vexation that it has institutionalized a soft and ineffective case law that has been going on for decades on the subject of women’s rights. Polish women feel excluded from the EU system of protection for women.

pieklo kobiet trwa


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