Poland Appeals EU Ruling of "Wrongful Birth"

LifeSiteNews.com ^ | June 19, 2007 | Peter J. Smith

[monomaniac]

STRASBOURG, June 19, 2007 (LifeSiteNews.com) - The Polish government announced Tuesday that it will appeal the landmark ruling by the European Human Rights Court of "wrongful birth" made last March.

The European Court of Human Rights ordered Poland to pay €25,000 in compensation for "wrongful birth" after ruling in favour of Alicja Tysiac, a 34 year mother of three who wished to abort her third child in 2003. Tysiac claimed her gynecologist destroyed her referral to an abortion clinic, denying that her health was in danger. At the time of her pregnancy, Tysiac had an eye condition that doctors warned her would deteriorate due to the pregnancy.

Poland allows abortion in cases where pregnancy is due to rape; where there is a medical threat to the mother and for eugenic purposes in cases where the child is "severely" disabled. Nevertheless it does not admit a "right to an abortion."

"If we didn't appeal we would have to ease the anti-abortion laws in Poland and this wouldn't be good," Prime Minister Jaroslaw Kaczynski told reporters in a press conference.

LifeSiteNews.com reported back on May 27 that the Polish government was considering an appeal of Tysiac v. Poland. Marek Jurek, leader of the Polish Right had put forth a proposal that the government resist the ruling stating: "We expect the government to stand up for the right to life, ethics in medicine, and also the right of our local governments to manage the public space of our cities, and to protect public morality and social order."

Polish law experts also had pointed out that the ruling is feared to have an adverse effect on Poland's laws and sovereignty, since the Court appeared to rule that EU norms supercede Polish law.

See previous LifeSiteNews coverage:

Poland Considers Appealing Anti-Life Rulings to European Court of Human Rights http://www.lifesite.net/ldn/2007/may/07052504.html

Poland Pro-Life Leadership Responds to EU Court Forcing Restitution for Denied Abortion http://www.lifesite.net/ldn/2007/mar/07032101.html

European Court Orders Pro-Life Poland to Compensate Mom Who Was Denied Abortion http://www.lifesite.net/ldn/2007/mar/07032001.html

Polish Woman takes Case to European Court of Human Rights for being Refused Abortion http://www.lifesite.net/ldn/2005/jun/05061702.html

Poland defies the European Union as 3,300 Strong World Congress of Families Closes http://www.lifesite.net/ldn/2007/may/07051407.html

[Two Kids' Dad]

Yeah, the bitch had an eye condition... She couldn’t see herself having another kid. Sheesh!

[NurdlyPeon]

I never though I would find myself agreeing with this kind of thing, but the eye problem does sound like “medical threat to the mother” to me. Somebody goofed on this one. Still, I hope this just ends up as a malpractice suit against a doctor, not as some kind of pro-abortion propaganda.

[Recovering Ex-hippie]

You have no idea what the medical condition was...you are not a doctor. so just keep your opinions on what you don’t know.

Sanctimonous, nasty comments like yours are no help in the right to life movement. And how about we not refer to women wiith the B word on Freeepr. that is just disgusting stuff you would see on Lib sites.

[ClaireSolt]

The very concept “wrongful birth” is horrifying.

[wolf78]

The title / headline is wrong. The European Court of Human rights is no EU institution, but a Council of Europe institution.



Council of Europe
* Dark green: ten original members
* Light green: joined subsequently
* Yellow: observer at the Parliamentary Assembly
* Orange: observer at the Committee of Ministers
* Red: official candidate


Maybe someone could correct that?