Written observation by third parties submitted before the European Court of Human Rights, First Section, drafted by European Centre for Law and Justice and co-signed by PRO VITA Bucharest in the following cases: A.L. – B. v. Poland (nos 3801/21, 4218/21, 5114/21, 5390/21), K.C. v. Poland (nos 3639/21, 4188/21, 5876/21, 6030/21), K.B. v. Poland (nos 1819/21, 3682/21, 4957/21, 6217/21). The applicants, supported by the Federation for Women and Family Planning and the Helsinki Foundation for Human Rights, argue that the ban on eugenic abortion in Poland, enforced in 2020 following a decision of the Constitutional Tribunal, violates their right to respect for their private lives and the prohibition of inhuman and degrading treatment under Articles 8 and 3 of the Convention respectively.
In summary, we consider that eugenic abortion is contrary to human rights and, because of the very nature of the act, it can never be a right or a freedom.
The submission is suported, inter alia, by: Giovanni Bonello, Judge at the Court (1998-2010); Tonio Borg, European Commissioner for Health (2012-2014); Javier Borrego Borrego, Judge at the Court (2003-2008); Vincent A. De Gaetano, Judge at the Court (2010-2019); Antoni Górski, Judge at the Supreme Court of Poland (1997-2017), Chairman of the National Council of the Judiciary (2010-2014); Rafael Nieto Navia, Judge and President of the Interamerican Court of Human Rights (1982-1994), Judge at the International Criminal Tribunals for the former Yugoslavia (1997-2005) and for Rwanda (1999-2003); Alfred de Zayas, United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order (2012-2018); Boštjan Zupančič, Judge at the Court (1998-2016), Member and vice president of the United Nations Committee Against Torture (1995-1998).