Poland may decide to appeal European Court verdicts on abortion, gay parade

Polish Radio External Service ^ | May 24, 2007 | Joanna Najfeld

[JoAnka]

Poland may decide to file appeals protesting two recent verdicts by the European Court of Justice: the Polish wrongful birth case Tysiąc v. Poland, and the verdict on Bączkowski v. Poland, which declared illegal a 2005 ban on a gay pride parade in Warsaw.

Marek Jurek, Leader of the Polish Right proposes to appeal both decisions, which he sees as violating the rights guaranteed by the Polish law:

'We expect the government to stand up for the right to life, ethics in medicine, and also the right of our local governments to manage the public space of our cities, and to protect public morality and social order.'

In the wrongful birth case Tysiac v. Poland, a woman sued Poland for not providing her access to abortion. Demanding the right to legal abortion because of her eye disease, Tysiąc disagreed with the opinions of medical specialists, including that of the country's head consultant for eye diseases, prof. Jerzy Szaflik, who stated that her pregnancy had no impact on her debilitating eye condition.

Tysiąc's daughter, now 6-year old Julia was born and the mother, with the help of pro-abortion feminist groups, brought the case against Poland to the European Court of Justice, which ruled that the Polish state must pay 25 thousand Euro to the mother of the unwanted child.

The verdict did not mention the child at all, notes Janusz Siekański, a lawyer who has been following the case. The court assumed that there is such a thing as a 'right to abortion' in the Polish law, and evaluated that right against a vague concept of public interest, continues Siekański.

'Under the Polish law there is no such thing as a "right to abortion". There are several exemptions to the general prohibition of abortion. Under those exemptions abortion is not criminalized. But these exemptions do not constitute any "right to abortion". Such a conclusion would be in a clear conflict with the right to life of the unborn child who is under protection of the Polish law, including the Polish Constitution. This was confirmed, among others, by the decision of the Polish Constitutional Tribunal in the year 1997.'

One other thing to be questioned in this case is the fact that Tysiąc's right to abortion was inferred from a 'right to privacy' guaranteed by article 8 of the European Convention of Human Rights. Lawyer Janusz Siekański again:

'Abortion is not a private thing. It always means destruction of life of another human being.'

In the Bączkowski v. Poland case, the European Court of Justice ruled that Polish local government authorities did not have the right to ban a gay pride parade in Warsaw in 2005, when the current Polish president, Lech Kaczyński, was the mayor of Warsaw.

Tomasz Bączkowski, organizer of gay pride parades and plaintiff in this case, says Poland must conform to European norms.

'All the conventions and international agreements have a higher rank than national laws.'

MP Artur Zawisza perceives the European Court of Justice verdict as motivated ideologically. In his opinion, the court unjustly interferes with the integrity and sovereignty of the democratically elected authorities of Poland.

'You must not deprive the Polish local governments of the freedom to decide about the public space. They have the right to refer to a constitutional norm which gives them the possibility to prevent these kinds of events in the name of the protection of public morality. Polish Constitution guarantees that right to the Polish authorities and this right should not be undermined by a European body.'

Gay activist Bączkowski is convinced that if Polish authorities decide to actually appeal the verdict, they will lose again.

'They can appeal that but there are no chances that they will make it, the verdict is so definitive. In our opinion, this second verdict will be exactly the same.'

The Presidential chancellery is said to also be considering appealing the verdict on gay pride parades, however no official step has so far been taken.

[JoAnka]

Eastern European, homosexual agenda and pro-life pings... maybe?

[sageb1]

EU Constitution

http://europa.eu/constitution/en/ptoc1_en.htm

[DLfromthedesert]

Poland should secede from the EU and reclaim her sovereignty.

[sageb1]

I predict we will see more such lawsuits.

[Gay State Conservative]

Poland should secede from the EU and reclaim her sovereignty.

Nooooo....they should defy the rulings and let the EU expel them.The fireworks would be fun to watch!

[beelzepug]

What benefits does Poland derive from belonging to this so-called union?

[edcoil]

Sharp reduction in polish jokes in EU comic shops.

[Gay State Conservative]

What benefits does Poland derive from belonging to this so-called union?

There's at least the potential for Poland to benefit economically.Case in point...Ireland.When Ireland first joined the EU they were just about the most fiscally backward country in Europe.Today,Ireland is one of the most prosperous countries in the world.

[Gay State Conservative]

What benefits does Poland derive from belonging to this so-called union?

There's at least the potential for Poland to benefit economically.Case in point...Ireland.When Ireland first joined the EU they were just about the most fiscally backward country in Europe.Today,Ireland is one of the most prosperous countries in the world.

[mngran]

What benefits does Poland derive from belonging to this so-called union?

Access to the Eurpoean marketplace for Polish goods and workers.

[wolf78]

What benefits does Poland derive from belonging to this so-called union?

Well, of the top of my head I could tell you 80,000,000,000 reasons (aka. subsidy dollars). Plus: Lower unemployment, as Poles find jobs in the UK or Ireland while Poland has time to grow its economy. Access to the world's largest single market. Improved energy security as part of the EU.

Poland should secede from the EU and reclaim her sovereignty.

If Poland wanted to do that, I'd be the last person to have a problem with that. But EU membership benefits far outweigh the occasional hassle. That's why a referendum for or against EU membership would probably end 85% - 15% or so in favor of membership (can't find the recent poll on that matter I quoted a few weeks ago).

[lizol]

The thing is, that this case has nothing to do with the EU.

These two verdicts against Poland have been issued by the European Court of Human Rights, which is is an institution of the Council of Europe (based in Strasbourg), not affiliated with the EU at all.

It should be not confused with the European Court of Justice, which is the supreme court of the EU (based in Luxembourg City).

[lizol]

Eastern European ping list

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FRmail me to be added or removed from this Eastern European ping list

[JoAnka]

Obviously, you are right.

The Tysiac v. Poland and Baczkowski v. Poland rulings were by the European Court of Human Rights and not the European Court of Justice. The two names have been confused in an article in the “Dziennik” daily, apologies for copying that mistake and the confusion that ensued.

[DLfromthedesert]

Thank you for the clarification. The fact remains, Poland is a Catholic country and should free itself from whatever entity seeks to overturn its laws.

[tetuhe1898]

(tremendous standing ovation)

[JoAnka]

The fact remains, Poland is a Catholic country

You don't have to be Catholic to be appalled by the Tysiac case - the wrongful birth suit. You don't have to be Catholic to oppose homosexual invasion on our culture. Any country, Catholic or non-Catholic, should stand up for the human right to life and the right to protect its people from the imposition of destructive social engineering.