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31 January 2025

Poland's Justyna Wydrzyńska Challenges Abortion Conviction

Activist's appeal raises significant questions about women's rights amid stringent abortion laws.

Justyna Wydrzyńska, a prominent Polish activist advocating for abortion rights, faced the courts once again on Thursday, January 30, as she appeals her controversial conviction linked to helping another woman terminate her pregnancy. A court had sentenced Wydrzyńska to eight months of community service, marking her as the first female human rights activist prosecuted for providing abortion pills, according to Amnesty International.

Wydrzyńska’s legal troubles began when, in March 2023, she was convicted for allegedly aiding another woman—a domestic violence survivor—seeking assistance to procure abortion pills. The case, which has garnered significant attention both domestically and internationally, highlights Poland's notoriously restrictive abortion laws, which permit abortions solely when the mother's life is at risk or the pregnancy results from rape or incest.

During her appeal heard at the Warsaw Court of Appeal, Justyna maintained her innocence, stating, "I don't feel guilty, and neither does the woman who I helped." Activists rallied outside the courthouse, expressing support for her cause and shedding light on the broader fight for women’s rights amid Poland's conservative legal environment.

The woman's partner, who prevented her from traveling abroad for the abortion, filed the complaint leading to Wydrzyńska's case. This incident raises troubling concerns about personal freedoms and women's autonomy over their reproductive choices, as activists voice their apprehensions about the precedential impact of Wydrzyńska's case. The appeals court has scheduled to announce its ruling on February 13, 2025, keeping the outcome uncertain.

Monica Costa Riba, Amnesty International’s Women’s Rights Senior Campaigner, joined the chorus of voices condemning Wydrzyńska's conviction. She argued strongly for the need to overturn the decision and halt prosecutions against activists aiding women. Costa Riba highlighted, "Justyna Wydrzyńska is thought to be the first human rights activist in Europe to be prosecuted for providing abortion pills. She must be the last." This sentiment echoes among many human rights defenders who critique Poland's stringent abortion regulations.

The impact of such legal actions extends beyond individual cases; they reflect systemic issues embedded within Poland's legal framework. A report by the UN Committee on the Elimination of Discrimination against Women (CEDAW) described these stringent laws as inflicting severe pain and mental anguish on women, amounting to potentially cruel or degrading treatment, hence violating human rights.

Wydrzyńska co-founded the civil society organization Abortion Dream Team, which helps women access reproductive health services, including abortion. She had previously asserted, "Help for another person who needs it should never be a crime—whether you're providing someone with soup, clothing, or abortion pills." This statement encapsulates the moral dilemma faced by activists operating under oppressive legal frameworks.

Poland, aligned with its prevailing Catholic values, stands as one of Europe’s strictest nations concerning abortion. The country’s laws not only penalize those who help facilitate abortions outside legally sanctioned circumstances—but deter many from seeking help altogether. Advocates for women’s rights argue these laws contribute to dangerous situations for women like the individual involved in Wydrzyńska's case—forced to navigate unsafe or illegal methods of termination when facing debilitating circumstances.

With Wydrzyńska's conviction and appeal, Poland's abortion laws are under mounting scrutiny, and the upcoming ruling may serve as groundbreaking precedents affecting future activism and judicial interpretations of women's rights. Activists view this case as more than just about one woman's legal battle. It could potentially reshape the judicial approach to abortion rights across the nation, igniting fresh conversations about the autonomy of women and the lengths to which advocates are willing to go for these rights.

With the appeal's verdict set to be announced next month, the anticipation builds. Advocates, supporters, and concerned citizens alike await the court’s ruling, knowing it will significantly influence the discourse surrounding abortion rights and the legal treatment of activists in Poland.