Polish NGO’s as “amicus curiae” in the ECHR in Strasbourg!

Alicja T., a mother of two, suffered from a serious seeing disability. The doctors warned her against another pregnancy, because it could result in the loss of eyesight. Despite this warning the woman became pregnant. She then attempted to receive certification from the doctors, which would prove her health condition and therefore allow her to have a legal abortion. Unfortunately, none of the doctors wanted to issue such certification. Following the intervention of the Polish Federation for Woman and Family, the woman received the certification, however it contained a statement that the pregnancy does not constitute a threat to her health and therefore she does not qualify for a legal abortion.

The pregnancy and the birth of a child caused significant deterioration of Alicja T.’s sight. Now she is a cripple and has to depend on the constant support of others.

Alicja T. filed a complaint to the ECHR stating that Poland violated her right to private and family life, the right to an effective means of appeal and the principle of equality. The complaint was accepted for examination.

Becoming involved in the case held before the ECHR, both organizations wish to draw attention to the numerous cases of the lack observance by the Polish State of the Act on family planning, the protection of the human fetus and conditions of permissibility of abortion, which is displayed by the refusal by doctors to perform abortions in cases when it is permitted by the law. The organizations also indicate the necessity to guarantee that women receive an effective means of appeal in cases when – like in the case of Alicja T. – the doctors refuse to perform the abortion without legal justification.

If the Court allows both organizations to participate in the proceedings, they will be able to present a joint “opinion of the friend of the court” (amicus curiae) and to take part in the proceedings held in Strasbourg.