The case involved a Polish woman who, in her 15th week of pregnancy in October 2020, learned that her fetus had a serious genetic defect.
At the time, Poland’s Constitutional Tribunal had struck down laws allowing abortion in cases of severe fetal defects. However, the ruling was not published until 2021, leaving women uncertain about whether the restrictions were already in force.
Faced with this legal ambiguity, the woman travelled to the Netherlands, where she obtained a legal abortion in a private clinic.
The ECHR said the lack of clarity forced her to seek care abroad, infringing her rights under the European Convention on Human Rights.
Polish NGO FEDERA welcomes ruling as a victory for women’s rights
Karolina Ferenc, a lawyer with the Foundation for Women and Family Planning, said the ruling highlights that Poland still lacks proper legal mechanisms to protect women in such situations.
The court awarded the woman, identified only as A.R., €1,500 in compensation.
Mateusz Bieżuński, a lawyer from the FEDERA Foundation, called the decision a “major success,” adding that Poland’s constitutional ban on abortions for severe fetal defects unlawfully interferes with women’s lives.
KOLEJNE ZWYCIĘSTWO FEDERY W STRASBURGU! Dzisiaj, 13 listopada 2025 r., Europejski Trybunał Praw Człowieka orzekł w...
Opublikowany przez F E D E R A Fundacja na rzecz Kobiet i Planowania Rodziny Czwartek, 13 listopada 2025
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Source: IAR/PAP/Facebook.com/Federa/X/@ECHR_CEDH