Strategiczna litygacja jako miecz obosieczny — prawa reprodukcyjne w czasach populizmu w Polsce
Strategic litigation as a double-edged sword: Reproductive rights in times of populism in Poland

Summary/Abstract: The article analyzes the relationship between Polish populists (the ruling party), women’s rights, and the place of strategic litigation in this duo. The author first characterizes populism to determine whether its features appear in the politics of the Law and Justice party. Then the author examines the image of women promoted by the party, and thus the party’s attitude towards women’s rights, in order to finally refer to the limitations of these rights that occurred in Poland after 2015, with the main element of the analysis being the ruling of the Constitutional Court in 2020. The conclusion is that populists introduce a selective protection of rights, based on the value system they have created, and the jurisprudence of the Court serves as a strategic litigation. And it was through that litigation that significant changes were introduced in women’s rights, that is, more precisely, restrictions on their bodily autonomy.

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