• Polish appeal European Court verdicts?
  • 25.05.2007
Ex-parliamentary speaker Marek Jurek wants Poland to appeal the Tysiąc v. Poland abortion ruling, 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 breakaway Polish Right party sees both recent verdicts by the European Human Rights Court as violating the rights guaranteed by 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,' he said.

In the Tysiac v. Poland case, a woman sued the Polish government for not providing her access to abortion after doctors said that her eye condition was not enough grounds for a legal abortion in the case of danger to the mother's health.

The European Court of Human Rights ruled earlier this year that the Polish state must pay 25 thousand Euro to the mother.

'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,' said Janusz Siekanski, a lawyer who has been following the case. '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",' Siekanski added.

In the Bączkowski v. Poland case, the European Court of Human Rights 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.

The proposed appelation is based on the argument that Polish local government authorities, democratically elected by the people, have the right to manage the public space.

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 law. 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,’ he said.

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