During the plenary session of the European Parliament in Brussels (08-11 February 2021), MEPs debate the de facto abortion ban in Poland. Opening statements by Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs and by Helena DALLI, European Commissioner for Equality. This transcription speech is the result of an automatic process. Check against delivery.

Brussels

debate

plenary session

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

EU - Poland (T)

violence against women (T)

DALLI, Helena (MT, EC)

ZACARIAS, Ana Paula (PT)

The de facto abortion ban in Poland: Opening statements by Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs and by Helena DALLI, European Commissioner for Equality

SOUNDBITE (Original), Roberta Metsola (EPP, MT), We therefore close this debate before moving on to the next point, and I would like to say that Renew Europe have made a communication of a change in the nominations, to committees. This decision will be included in this meeting's and will come into force on set dates. The next point on today's agenda are the declarations or statements by Council and Commission on the de facto abortion ban in Poland.

SOUNDBITE (Original), Roberta Metsola (EPP, MT), I would like to remind to all members that for all the debates of this partial session, there will be no catch the eye procedure, no blue cards, as in previous partial sessions. There will be interventions from liaison officers inside to member states. On behalf of the Council, the first person to speak is once again Ana Paula Zacarias.

SOUNDBITE (Original), Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs, Thank you, Madam President, honourable members, and thank you for allowing the presidency of the Council to intervene in this important topic. On the 27 of January, the Polish Constitutional Tribunal ruling of last October restricted abortion to cases of fatal defects came into effect. This has prompted a wave of women demonstrations in several Polish cities, as was the case last November. Abortion and reproductive rights are highly sensitive and complex issues across Europe, including from a legal perspective.

SOUNDBITE (Original), Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs, The European Court of Human Rights has consistently ruled that the Council, the Council of Europe member states enjoy a wide margin of appreciation as to whether and under what circumstances abortion is permitted under their national law. But once a member state decides to allow abortion, it has, according to the European Court of Human Rights, a positive obligation to create a procedural framework enabling a pregnant woman to effectively exercise her right to have access to lawful abortion in compliance with relevant provisions of the European Convention on Human Rights.

SOUNDBITE (Original), Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs, As far as the European Union is concerned, primarily law confirms that union law in principle does not interfere with constitutional provisions and other national legislation of EU member states relating to abortion. The Charter of Fundamental Rights does not provide an autonomous right to abortion, even though it contains various rights that are potentially relevant for reproductive matters. Pursuant to Article 51, No. 1 of the charter these rights apply only when member states are implementing union law.

SOUNDBITE (Original), Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs, In accordance with Article one hundred and sixty eight point seven of the Treaty on the Functioning of the European Union, the Union action in the field of public health should respect the responsibilities of the member states for the definition of their health policy and for the organisation and delivery of health services and medical care. In this regard, 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.

SOUNDBITE (Original), Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs, Indeed, the EU has no competence on abortion policy. But as a woman and as a member of a government, I would affirm that women's rights are fundamental human rights, that sexual and reproductive health rights are at the core of gender equality and human rights. Also, the Union has a strong policy in terms of gender equality with the crosscutting approach to old policies.

SOUNDBITE (Original), Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs, The Council has in several instances reaffirmed the EU's commitment to the promotion, protection and fulfilment of the rights of every individual to have full control over and decide freely and responsibility on matters related to their sexuality and sexual and reproductive health, free from discrimination, coercion and violence. In this regard. Let me stress that we certainly need a gender sensitive approach in our responses now more than ever.

SOUNDBITE (Original), Ana Paula ZACARIAS, Portuguese Secretary of State for European Affairs, And I thank the commission for all the initiatives and actions included in this gender equality agenda. The presidency also calls for support to women's NGOs in their advocacy role, ensuring that they can access to EU funds, including those of the European social fund in the new programming period, the Rights, Equality and Citizenship programme and other fundings and schemes. Thank you very much for your attention.

SOUNDBITE (Original), Roberta Metsola (EPP, MT), Thank you very much. I now give the floor on behalf of the Commission to Helena Dalli.

SOUNDBITE (Original), Helena DALLI, European Commissioner for Equality, President, minister, honourable members, after our debate in this chamber in November, the situation in Poland regarding sexual and reproductive health rights has not improved. The ruling of the Polish Constitutional Tribunal of October last year, stipulating that the abortion law is unconstitutional has now come into effect, bringing a near total ban on abortion.

SOUNDBITE (Original), Helena DALLI, European Commissioner for Equality, Abortion will no longer be permitted in the case of a severe and irreversible impairment of the foetus. In practise, this means that 98 percent of abortions so far carried out in Poland will become illegal. The EU has no competence on abortion rights within a member state. Legislation in this area is up to the member state concerned. When making use of the competences, member states must respect fundamental rights which bind them by virtue of their national constitutions and commitments under international law.

SOUNDBITE (Original), Helena DALLI, European Commissioner for Equality, High quality sexual and reproductive health services are essential to both women and girls as well as men and boys. And this goes beyond abortion and includes access to contraception, education and prevention, as well as treatment of HIV and other sexually transmitted diseases and fertility and sex specific cancers. We must take an intersectional approach.

SOUNDBITE (Original), Helena DALLI, European Commissioner for Equality, Women with disabilities, for instance, or with a minority racial or ethnic background can be more vulnerable to violations of their sexual and reproductive health rights than other women. As regards the Constitutional Tribunal, back in December 2017, the Commission already formally considered in its recent proposal, under the Article seven procedure, that the independence and legitimacy of the constitutional tribunal is seriously undermined and the constitutionality of Polish laws can no longer be effectively guaranteed.

SOUNDBITE (Original), Helena DALLI, European Commissioner for Equality, As the 2020 Rule of Law Report recalls, these concerns have so far not been resolved. So I thank you and I look forward to your interventions. Thank you very much.