MEPs will debate and vote on a resolution that marks the one-year anniversary of the near-total abortion ban in Poland. The controversial ruling of Poland’s Constitutional Tribunal, which came into force in January 2021 and restricts legal abortion to cases of rape or incest, or when the pregnancy endangers the mother’s life, has prompted months of protests. Opening statements by Anže LOGAR, Slovenian Minister of Foreign Affairs and by Helena DALLI, European Commissioner for Equality.

statement

Strasbourg

debate

plenary session

EU mechanism on democracy, the rule of law and fundamental rights (T)

EU - Poland (T)

DALLI, Helena (MT, EC)

LOGAR, Anže (SI)

The first anniversary of the de facto abortion ban in Poland: opening statements by Anže LOGAR, Slovenian Minister of Foreign Affairs and by Helena DALLI, European Commissioner for Equality

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, Thank you, Madam Chair, Commissioner, honourable members. Abortion and reproductive rights are highly sensitive and complex issue across Europe from both ethical and legal perspective. They touch upon some most fundamental questions.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, The European Council of Human Rights and consistently ruled that states enjoy a wide margin of appreciation as to whether and under what circumstances abortion is permitted under national law.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, As far as the European Union is concerned, primary law confirms that union law does not interfere with constitutional provisions and other national legislation of the member state relating to abortion.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, In accordance with Article 168/7 of the Treaty on the Functioning of the European Union, Union action in the field of public health should respect the responsibilities of member states for the definition of their health policy and for the organisation and delivery of health services and medical care.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, In this context, the European Pillar of Social Rights states that everyone has the right to timely access to affordable preventive and corrective health care of good quality. Thank you very much for your attention.

SOUNDBITE (English), Helena DALLI, European Commissioner for Equality, Thank you, President, Minister, honourable members. One year ago, the ruling of the Polish Constitutional Court on abortion, resulting in a near-total ban on abortion, sparked a wave of protests in Poland. The EU has no competence on abortion rights within a member state. Legislation in this area is up to the member state concerned.

SOUNDBITE (English), Helena DALLI, European Commissioner for Equality, When making use of their competences, member states must respect fundamental rights, which binds them by virtue of their national constitutions and commitments under international law. The European Court of Human Rights has recognised the lack of access to abortion services as a violation of the right to family and private life.

SOUNDBITE (English), Helena DALLI, European Commissioner for Equality, All women across the EU should have equal access to good quality health care and treatment. Sexual and reproductive health is integral to our general health. The hear of situations in Poland, such as underground unsafe abortions, women with financial means going abroad to have abortions, but without medical follow up at home and even more difficult situations arising for women in a vulnerable position.

SOUNDBITE (English), Helena DALLI, European Commissioner for Equality, The COVID 19 pandemic has made the reality even more challenging. Women's rights are a gauge for the overall situation of fundamental rights. High quality sexual and reproductive health services are essential to women and girls, as well as for men and boys, while often any reference to sexual and reproductive health and rights is quickly linked to abortion.

SOUNDBITE (English), Helena DALLI, European Commissioner for Equality, They also cover issues such as contraception, education, prevention, treatment of HIV and other sexually transmitted diseases, as well as fertility and sex specific cancers. These rights are core to gender equality.

SOUNDBITE (English), Helena DALLI, European Commissioner for Equality, The Commission continues to monitor the developments in all member states regarding gender equality. We can encourage member states to safeguard women's equal access to good quality health care services. I thank you