Tysiac v. Poland (European Court of Human Rights)

The European Court of Human Rights held on March 20, 2007, for the first time, that governments have a duty to establish effective mechanisms for ensuring that women have access to abortion where it is legal. The case centers on the tragic story of Alicja Tysiąc, a Polish woman who nearly went blind because she was forced to continue a pregnancy that threatened her health. “There are thousands of women who are denied access to abortions they need and are legally entitled to in Poland every year,” said Christina Zampas, Senior Legal Adviser for Europe at the Center. “This decision means that the Polish government—and other governments in Europe—must take steps to make sure that women like Tysiąc don’t needlessly suffer at the whim of doctors.”

The Center filed a friend-of-the-court brief in the case. The Center argued that under international law and national-level laws in Europe, states have a duty to establish effective procedures to ensure that women legally entitled to abortion are able to effectively exercise their right.

“There are thousands of women who are denied access to abortions they need and are legally entitled to in Poland every year,” said Christina Zampas, Senior Legal Adviser for Europe at the Center for Reproductive Rights. “This decision means that the Polish government—and other governments in Europe—must take steps to make sure that women like Tysiąc don’t needlessly suffer at the whim of doctors.”

By law, Poland allows women to have abortions when their health is in danger. For Tysiąc, the state clearly failed to meet its legal obligation. The mother of three is now unable to work, wholly dependent on public assistance, and in need of constant care for day-to-day activities and for her children. The court awarded damages specifically in recognition of her “anguish and suffering.”

After a failed attempt at appeal by the Polish Government, The European Court of Human Rights announced on September 25, 2007 that they would not review their earlier judgment in the case of Tysiąc v Poland. Read the Court’s decision > Read the Center’s amicus brief >