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Not all pregnant women have ‘good hope’. On the contrary. Many women around the world are terrified when they find out they have had an unwanted pregnancy. In most countries, abortions are illegal or only possible in exceptional cases.

Although laws on this are relaxing around the world, individual countries have extremely tightened restrictions in recent years – including Poland and the US.

In the US, the tightening began in 2022 when the Supreme Court ruled that abortion was a federal matter. This created a patchwork of laws; American women are sometimes forced to leave their state in the event of a medical emergency to obtain abortions. Since then, American women have filed class action lawsuits in many places, including Texas and Idaho.

Poland is currently in the spotlight

In Poland the subject is particularly explosive. Since the conservative PiS government was replaced by the more liberal Tusk cabinet on December 13, many people in the country have hoped that abortion will be decriminalized again.

Background: Since the abortion law was tightened in 2020, there have been reports of people helping women with abortions in Poland; Even women who had had a natural miscarriage were examined. The European Court of Human Rights had intervened several times and convicted Poland of violations of the right to private and family life.

Most recently, on December 14, the Strasbourg court even announced that Poland’s strict 2020 abortion law was not legal because the Constitutional Court was not established independently of the executive and legislative branches.

This statement may become relevant when it comes to reversing the law. The new Prime Minister announced this in a speech, but at the same time tempered expectations: there are very different views within the coalition about appropriate relaxation.

Katharina Masoud is an expert on gender equality at Amnesty International in Germany. We talked to her about abortions and dangerous restrictions.

watson: Where are abortions illegal?
Catherine Masoud: In most countries, abortion is punishable by law; In 22 countries it is even completely banned. The only country that has completely removed abortion from its criminal code is Canada. Over the past thirty years, more than sixty countries have liberalized their abortion laws. During the same period, only four countries introduced new restrictions: Poland, the US, Nicaragua and El Salvador.

Are laws becoming more liberal globally?
Some countries have expanded access to abortion and others have lifted abortion bans. But even when progressive legal reforms have taken place, access to safe abortion can be difficult. In most countries, abortion remains criminalized or highly regulated, with few exceptions.

What does this mean for women in these countries?
This has significant negative consequences for the health of pregnant women. At the same time, this does not mean that fewer abortions are taking place, but that they are performed less safely. If they can afford it, people who could become pregnant travel to neighboring states or countries where abortions can be legally performed.

And what if the pregnant women don’t have the money for it?
If this option is not available, they are likely to resort to unsafe methods, which can also increase maternal mortality. This particularly affects marginalized people from rural areas and people living in poverty, exacerbating existing inequalities.

What if unwanted children are born?
When pregnant women have to have children against their will, this can have serious consequences for their mental health. If the pregnancies are the result of rape, refusing to terminate the pregnancy can even be torture.

What other problem do you see?
Another danger of strict legislation is that pregnancy-related complications resulting in miscarriage or stillbirth can be mistaken for abortion and lead to criminal prosecution. To avoid prosecution, medical help is often not sought at all.

Poland is particularly strict when it comes to abortions. Why?
Poland has one of the most restrictive abortion laws in Europe. In Poland, abortion is only allowed if the life or health of the pregnant woman is in danger or if the pregnancy is the result of rape or incest. In practice, however, it is virtually impossible to obtain one, even for those entitled to legal abortion.

With the result?
Every year, thousands of women leave Poland to seek abortion treatment in other European countries, others introduce medical abortion pills or have an abortion performed outside the legal framework in Poland. Polish women, especially those in difficult socio-economic situations, rely on the help of civil society organizations.

When did the legislation become so strict?
On October 22, 2020, the Polish Constitutional Court made a momentous ruling: the court ruled that it was unconstitutional to terminate a pregnancy due to a “serious and irreversible fetal defect or an incurable disease that threatens the life of the fetus.” The ruling came into effect on January 27, 2021.

How tense has the atmosphere been since then?
Authorities are taking action against family members, friends, companions and healthcare providers who perform or assist in abortions. This has already led to convictions. In addition, Polish human rights organizations have documented bombings and death threats against organizations and institutions that promote sexual and reproductive rights. Protests have been taking place in Poland for years against increasing restrictions on abortion. These protests are often met with repressive responses.

Are the helpers in particular criminalized?
Although the law in Poland does not criminalize those who perform abortions, but rather those who perform them outside the limited legal options or who assist others in doing so, everyone is affected.

An example?
For example, a 33-year-old woman died after going to a hospital with pregnancy complications in May 2023, where she was refused treatment. Because the hospital staff put the potential life of her fetus above the health and life of the woman. She is one of at least six women who have died under similar circumstances since January 2021.