Position of the Team of Experts of the Polish Bishops' Conference for Bioethics "Abortion beyond ethics and law?"
Position
of the Team of Experts of the Polish Bishops' Conference for Bioethics
Abortion beyond ethics and law?
1. Members of the Team of Experts of the Polish Bishops' Conference for Bioethics closely follow the actions taken by members of the Polish government to liberalise the practice of killing unborn children[1]. The content of the guidelines, as well as the manner in which they are published, arouse the greatest concern. One has the impression that it is directly aimed at practising abortion outside of ethical reflection and against the legal protection guaranteed by the Constitution.
2. The Team of Experts recalls the fundamental truth of genetics that the life of every human being begins at conception. From that moment on, it develops uninterruptedly based on the intrinsic principles enshrined in its genome. His life is no less important than that of any other human being. How fundamental this truth is for social life is evidenced by its enshrinement in the Constitution of the Republic. This truth is also confirmed by the heart of man in the form of the injunction of conscience to do good and avoid evil. From this injunction he is unable to free himself, because it concerns the foundation of human morality. Contempt for this injunction is very dangerous for social relations, since it undermines the legitimacy of other laws protecting human values in social life.
3. It is important to recall the opposition already expressed on 4 September 2023 to the creation of a new interpretation of existing law aimed at broadening the criteria allowing the legal deprivation of life of an unborn child on the basis of a mental health premise. Abortion is not among the therapeutic methods used for treatment. The killing of the child cannot be considered as a means of restoring the woman's health.[2] The Team members are also puzzled by the de facto prohibition of consultations and consiliums to analyse the grounds for abortion. These guidelines violate the statutory right of a physician to consult, on his or her own initiative, a competent specialist physician or to organise a medical consilium under Article 37 of the Act of 5 December 1996 on the professions of physician and dentist. Taking into account the welfare of the patients, who are the mother and the unborn child, recourse to the opinion of experienced doctors makes it possible to seek the most optimal solution.
4. Attempts to non-statutory limitation of the constitutional right to freedom of conscience expressed in the possibility of refusing to undertake medical actions that conflict with the physician’s system of values, let alone with the system of universal values, are of particular concern. “It is unacceptable to create a culture of medical practice in which [...] the individual loses his or her subjectivity, is forced to deny his or her identity and to take part in conduct which, in the judgment of his or her conscience, is morally wrong”.[3] It is unacceptable to force pregnancy termination under the threat of financial sanctions, including loss of contract with the National Health Fund. It should be noted that the conscience of physicians may be violated in such a situation by the managers of medical entities, who will fear the limitation or loss of public funding of therapeutic activities. Such a solution also fails to countenance the fundamental right of citizens to health services, which will be restricted by depriving hospitals of the funds due to them. This is not, therefore, a punishment aimed at hospital managements, but at hospital employees, who have the right to a decent wage, and above all at patients, who have the right to benefit from available treatments.
5. The Attorney General's guidelines call into question his independence, which should provide every citizen with guarantees that his case will be heard objectively and fairly, without non-medical interference. Serious concerns are raised by the Attorney General's insistence that proceedings for aiding and abetting an abortion be discontinued or that motions be submitted to the court for conditional discontinuance of the case due to negligible social harm. In the light of previous rulings of the Constitutional Tribunal (of 28 May 1997, ref. no. K. 26/96 and of 22 October 2020, ref. K 1/20), there is no argument for changing the interpretation of the moment when the legal protection of life begins. It should start from the moment of conception and cover the entire period of pregnancy. Given the fundamental nature of the right to life, actions directed against it cannot be regarded as characterised by minor harm.
6. The Team of Experts recalls the unchanging teaching of the Church that “direct abortion, that is, abortion willed as an end or as a means, always constitutes a grave moral disorder, since it is the deliberate killing of an innocent human being” (John Paul II, encyclical Evangelium vitae no. 62). According to ecclesiastical law, committing the murder of an unborn child and complicity in such a practice is treated as one of the gravest crimes and is punishable by excommunication, which excludes one from sharing in the spiritual goods entrusted to the Church by Christ.
In the name of the Team of Experts of the Polish Bishops' Conference for Bioethics
Bishop Józef Wróbel SCJ
Warsaw, 3 September 2024
[1] Minister of Health, Guidelines on the applicable legal provisions on access to the abortion procedure, published on the website of the Ministry of Health on 30 August 2024; Prosecutor General, Guidelines No. 924 on the principles of conduct of common organisational units of the prosecutor's office regarding the conduct of cases concerning the refusal to perform a termination of pregnancy and the so-called pharmacological abortion, published on the website of the National Prosecutor's Office on 9 August 2024.
[2] Cf. Team of Experts of the Polish Bishops’ Conference for Bioethics, Position on the admissibility of abortion based on the premise of mental health (4.09.2023), AKEP No. 1(35)/2023, p. 287, no. 4.
[3] Team of Experts of the Polish Bishops’ Conference for Bioethics, Position on the conscience clause (14.02.2014), AKEP no. 1(25)/2014, p.82, no.16.
