17 November 2021
Towards Gilead
Just over one year ago, the Constitutional Court (CC) of Poland banned abortion in cases of fetal malformations. The implications of the ruling are much more far-reaching than the actual abortion ban itself since the ruling, by its reasoning, gave green light for further actions limiting abortion laws. While women all over Poland are afraid to get pregnant, the ruling party and fundamentalist organizations take further legislative action to increase punishment for abortion. Step by step Poland is beginning to resemble Gilead Republic, the infamous patriarchal theocracy from Margaret Atwood's novel "The Handmaid's Tale". Continue reading >>
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09 November 2020
Divine Decision-Making
The most recent abortion decision of 22 October 2020 of Poland’s Constitutional Court (“the Court”) did not come as a surprise. It is not, as some commentators would like to see, an aberration, a departure from previous liberal and human rights-based standards by a group of judges linked to the Law and Justice party. Rather, it is a consequence of the right-wing constitutionalism that has dominated the Court for years. This discourse that introduced religious dogma as the basis for legal reasoning is undemocratic and exclusionary. It presents religious worldviews as textual consequences of the constitution without taking into account the voice of citizens. The persistence of this type of constitutionalism can be demonstrated on example of a number of cases important for the public sphere in Poland. Continue reading >>
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