Last March 20, the European Court of Human Rights read its verdict on a case filed by Alicja Tysiac against the Polish government's lack of clear guidelines on abortion. Tysiac claims that she was denied an abortion despite warnings from doctors that she could become blind if she continued the pregnancy.

Staunchly Catholic country Poland is forced to face the abortion issue after the European Court of Human Rights delivered its decision on Alicja Tysiac’s case last March 20. Tysiac claims that her eyesight was severely damaged during childbirth after she was denied abortion in 2000.

The Court ruled that Poland has no effective legal framework for pregnant women to assert their right to abortion on medical grounds, citing that the “Polish law...did not contain any effective mechanism capable of determining whether the conditions for obtaining a lawful abortion had been met.”

The European Court awarded Tysiac $33,250 in damages. Doctors in Poland are said to be often reluctant in authorising an abortion because of the absence of transparent and clearly defined rules.

This ruling is hoped to result to Poland's introduction of clearer guidelines on abortion on medical grounds since abortion is generally prohibited in the country. As a member of the Council of Europe, Poland is obliged to abide by the court's judgments. However, the Polish government is given three months to appeal the verdict.

“Every woman should decide herself whether she wants to have the baby or not and the government should not mix into that at all,” said Tysiac.

The full text of the Court's ruling is available at <http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=&sessionid=11878761&skin=hudoc-en>.

Sources:
“European Court Of Human Rights Rules That Rights Of Polish Woman Allegedly Denied Abortion Were Violated” from Medical News Today, posted on March 26, 2007, <http://www.medicalnewstoday.com/medicalnews.php?newsid=65891>.
“Human Rights Court Upholds Challenge to Poland's Abortion Rules” from Associated Press, posted on March 20, 2007, <http://www.beliefnet.com/story/214/story_21449_1.html>.

FYI: Countries where abortion is legal

In countries that allow women some access to abortion, one or more justifications are required by law.

In these countries, abortion may be performed
- To save the life of the mother;
- To preserve the physical health of the mother;
- To preserve the mental health of the mother;
- In cases of rape and incest;
- When the unborn child has medical problems or birth defects;
- For social and/or economic reasons such as the mother’s economic resources, her age, her marital status, and the number of her children.

Abortion is legal, i.e., without the above restrictions, in the following countries:
Asia-Pacific
- Australia, Cambodia, China, Vietnam
Middle East
- Bahrain
Europe 
- Albania, Belarus, Belgium, Bosnia, Croatia, Denmark, Estonia, Germany, Greece, Hungary, Latvia, Lithuania, Macedonia, Netherlands, Norway, Slovenia, Sweden
Americas
- Canada, Cuba, United States (may be restricted by the states to varying degrees)

Source: “Summary of Abortion Laws Around the World”  <http://www.pregnantpause.org/lex/world02.htm>