PRAWO PODMIOTOWE DO ABORCJI? UWAGI DE LEGE LATA
THE RIGHT TO ABORTION? DE LEGE LATA REMARKS

Summary/Abstract: The jurisprudence of the Polish Constitutional Tribunal (U 8/90, K 26/96, K 2/98, K 14/03, K 44/07) emphasizes the necessity of protecting the value of human life understood as beginning from the time of conception and upholds legislation treating abortion in general as a prohibited act. Furthermore, the outcomes of the literal and systematic interpretation of provisions of the 1993 Act proclaiming permissibility of abortion as well as the monistic nature of illegality prove that the right to abortion should not be recognized. The majority of the doctrine of law shares this point of view. Nevertheless, the European Court of Human Rights in 2007 in the case of Tysiąc v. Poland adjudicated that Polish law provides the right to abortion.

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