GENEVA, 12.3.2026—This week, the Committee of Ministers of the Council of Europe adopted a decision urging Poland to ensure effective access to lawful abortion without further delay. The Committee expressed continued concern that Poland has yet to fully comply with the European Court of Human Rights’ judgments in the cases of Tysiąc v. Poland, R.R. v. Poland, P. and S. v. Poland, and M.L. v. Poland, which require the authorities to ensure that access to lawful abortion is accessible in practice.

More than 18 years after the first of these landmark judgments became final, systemic barriers remain. Poland’s highly restrictive abortion law and the criminalisation of abortion continue to have a chilling effect on the provision of lawful abortion care. Combined with regulatory gaps, ineffective complaint procedures, frequent refusals of care based on the “conscience clause,” and the stigma surrounding abortion, these barriers leave many women who are legally entitled to abortion unable to access these services in practice. The situation deteriorated further following the regressive Constitutional Tribunal’s ruling in 2020, which effectively imposed a near-total ban on abortion.

The Committee called on the Polish authorities to adopt comprehensive measures to ensure that lawful abortion care is accessible throughout the country, including effective implementation of operational guidelines for hospitals and doctors, stronger regulation and monitoring of refusals of care, accessible information for patients, and measures to remedy the consequences of the 2020 Constitutional Tribunal ruling.

“Women in Poland continue to face serious and often insurmountable barriers to accessing legal abortion care. Even where the law permits abortion, it remains out of reach for many. This has devastating consequences for women’s health, dignity and lives,” said Kamila Ferenc, Vice-President and lawyer at the Foundation for Women and Family Planning (FEDERA). “Polish authorities must act now to give practical effect to the European Court of Human Rights’ judgements. Poland’s legal framework cannot continue to undermine women’s safety and fundamental rights. Legal abortion care must be accessible for everyone, without delay or obstruction.”

“Poland’s continuing failure to comply with the European Court of Human Rights’ judgments clearly violates its international legal obligations and undermines the rule of law,” said Adriana Lamačková, Associate Director for Europe at the Center for Reproductive Rights. “This ongoing failure exposes those in need of abortion care to serious harm. We welcome the Committee’s decision and urge the authorities to take immediate action to ensure effective and timely access to lawful abortion across Poland.”

The Committee requested that Poland submit an update on the measures taken to implement these judgments by the end of December 2026. The Committee will assess progress at a session in 2027.

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Note to Editors

In Tysiąc v. Poland, R.R. v. Poland, P. and S. v. Poland, and M.L. v. Poland, the European Court of Human Rights found multiple human rights violations, citing the obstacles and treatment that the applicants faced in seeking access to lawful abortion care in Poland. The cases also concern the authorities’ failure to provide reliable information on the conditions and procedures enabling pregnant women and girls, including survivors of sexual violence, to effectively access lawful abortion, as well as to address the harmful consequences of the 2020 Constitutional Tribunal’s ruling, which removed a legal ground for abortion, resulting in near-total ban on abortion in practice and forcing many women to travel abroad to access care.

The judgments became final in 2007 (Tysiąc), 2011 (R.R.), 2013 (P. and S.), and 2024 (M.L.). Since then, the Committee of Ministers of the Council of Europe, which monitors the execution of judgments of the European Court of Human Rights, has issued a number of decisions and an interim resolution urging Poland to fully, effectively and promptly implement these judgments.

On 26 January 2026, the Center for Reproductive Rights and the Foundation for Women and Family Planning (FEDERA) submitted a communication to the Committee of Ministers detailing Poland’s continued failure to implement the European Court of Human Rights’ judgments and the related decisions of the Committee of Ministers.

In April 2024, the Polish Sejm established a special parliamentary commission, comprised of members of parliament, to review distinct legislative proposals seeking to decriminalise and legalise abortion. While these proposals could contribute to creating an environment for effective implementation of the European Court of Human Rights’ judgments, it remains unclear if and when the legislative process will resume.