A/HRC/41/33/Add.2
51.
Moreover, the regulatory framework on the use of conscientious objection is not
effective, as recognized by the European Court of Human Rights judgments. 25 No data is
available on the extent of the use of the conscientious objection clause by doctors, who are
no longer obliged to provide referrals since the lifting of the requirement by a
Constitutional Court ruling in October 2015. It has been reported that in certain areas there
are no abortion providers and that there have been attempts to create abortion free zones.
According to some interlocutors, frequent use of conscientious objection by doctors is not
only based on personal religious convictions but is also due to fear of prosecution and a
stigmatizing environment for doctors.
52.
As a result of the additional barriers in practice, access to legal abortion is limited.
Some women travel abroad for abortion services or opt for illegal abortion in Poland and, in
the event of complications, are afraid to seek medical attention in hospitals. The restrictive
framework particularly affects women who are socioeconomically disadvantaged and
migrant women in irregular situations.
53.
In recent years, regulation of abortion has increasingly been a subject of national
discussion, with repeated attempts to change the Act. The issue has come under a
particularly intense spotlight in the last few years, when citizen-led legislative initiatives
seeking to introduce a total ban on abortion and others aimed at liberalization of the law
were introduced.
54.
The Working Group stresses that restrictive laws on abortion increase maternal
mortality and morbidity rates due to unsafe abortions and are not efficient in reducing the
rate of abortion, as shown by data from the World Health Organization. 26 The Working
Group has previously called for allowing women to terminate their pregnancy on request in
the first trimester (see A/HRC/32/44).
VII. Family and culture
55.
As expressed by the Special Rapporteur in the field of cultural rights, 27 the Working
Group experts were deeply impressed with the richness and diversity of the Polish culture.
At the same time, they observed with concern the current trend of normalizing only certain
cultural and family norms and practices that fit the traditional image of the roles of women
and men in the family and society.
56.
While the concept of a “traditional Polish family” seems to be actively promoted
through laws, policies and public discourse, advocates for gender equality are increasingly
being characterized as “anti-family” and “anti-Polish”. The concept of “gender ideology” is
being pitted against family and culture and used as a political tool to intimidate, undermine
and stigmatize women human rights defenders, as well as the whole academic field of
gender studies. The Working Group echoes the concerns expressed by the Committee on
the Elimination of All Forms of Discrimination against Women and the Special Rapporteur
in the field of cultural rights about the absence of measures to counter the campaign by the
Catholic Church against “gender ideology” and the reported religious and cultural
narratives used to justify discrimination against women. 28
A.
Gender stereotypes
57.
The problem of gender stereotypes is widespread and deep-rooted but generally
disregarded, according to various interlocutors. Research has demonstrated how the media,
the education system and the public discourse contribute to perpetrating stereotypical roles
25
26
27
28
12
R.R. v. Poland (No. 4047/07) and P. and S. v. Poland (No. 57375/08).
World Health Organization, Safe Abortion: Technical and Policy Guidance for Health Systems, 2nd
ed., Geneva, 2012.
OHCHR, “Poland: UN expert concerned that erosion of cultural freedom threatens the country’s rich
cultural life”, October 2018.
Ibid. and CEDAW/C/POL/CO/7-8.
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