Polish Court Orders Retrial in Case of Human Rights Defender Justyna Wydrzyńska

WARSAW, 13.02.25—Today, the Warsaw Court of Appeal ruled that the 2022-2023 trial of human rights defender Justyna Wydrzyńska did not meet the standards of judicial independence and it returned the matter to trial court for reconsideration.

Wydrzyńska was sentenced in 2023 to eight months of community service for helping a woman in an abusive relationship access abortion medication. Her conviction sent shockwaves across Europe and the global human rights community, marking the first time in recent history that a human rights defender in the EU had been prosecuted for helping someone access abortion care. Today’s decision offers the Polish justice system an important opportunity to dismiss the charges, cease prosecution and acquit her of all charges.

“Criminalizing abortion care and prosecuting human rights defenders who provide support to women who need that care is deeply harmful and contrary to Poland’s international human rights obligations,” said Katrine Thomasen, Associate Director for Europe at the Center for Reproductive Rights. “Women human rights defenders like Justyna should be protected, not subjected to legal harassment. Urgent action is now needed to stop the investigation and prosecution of all those who provide care and support to women who need abortion in Poland. The Polish authorities have the power to bring an end to these wrongful prosecutions and investigations.”

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MEDIA CONTACT:

Mihela Kralj, Senior Communications Manager for Europe, Center for Reproductive Rights: [email protected]

Background:

In August 2024, the UN Committee on the Elimination of Discrimination against Women (CEDAW) released its findings following a three-year inquiry into the harm caused by Poland’s highly restrictive abortion law. The inquiry law was initiated following submissions by the Center for Reproductive Rights and Polish civil society organizations the Foundation for Women and Family Planning (FEDERA) and the Karat Coalition.

The Committee held that Poland’s law inflicts serious harm on women, giving rise to multiple grave and systematic violations of their human rights. The Committee’s findings underlined that Poland’s law inflicts severe physical and mental suffering on women, which can amount to cruel, inhuman or degrading treatment.

The Committee recommended that Poland legalize and fully decriminalize abortion, recognizing abortion as a fundamental right and placing women’s autonomy at the center of its policy. As an interim measure pending the adoption of comprehensive legal reform, the Committee recommended that Poland introduce a moratorium on the application of its criminal laws on abortion and halt all investigations and prosecutions of anyone providing assistance to women who need an abortion