A group of UN independent human rights experts have denounced a court ruling in Poland that bans abortions on the grounds of fatal or severe foetal impairment, effectively “slamming the door shut” on safe and legal pregnancy terminations.
In a statement on Tuesday, the rights experts also called on the Polish authorities to safeguard the rights of men and women protesting against the ruling.
Across the country, thousands have taken to the streets in protest over last Thursday’s ruling by the country’s Constitutional Court.
According to the experts, with the court verdict, Poland has “effectively slammed the door shut” on legal abortion for women in the country. It is estimated that currently 98 per cent of all legal abortions in the country are performed on the grounds of severe and irreversible impairment of the foetus.
“Poland has decided to sacrifice women’s human right to safe and legal health services for termination of pregnancy, on account of protection of the right to life of the unborn, in violation of its international human rights obligations,” they said.
‘Devastating consequences’ for women and girls
The ruling will have “devastating consequences for women and adolescent girls” in need of such terminations, especially those who are socio-economically disadvantaged and migrant women who are undocumented, who do not have the the means to go abroad for abortion services, they said.
Before the ruling, Poland had already one of Europe’s most restrictive abortion laws, made even more restrictive in practice with serious barriers and stigma, according to the rights experts.
Termination of pregnancy was permitted in three circumstances only: risk to the life or health of the pregnant woman; severe and irreversible impairment of the foetus; or pregnancy as a result of a prohibited act.
Decision ‘clearly against’ human rights standards
The experts highlighted that international human rights mechanisms have clearly recognized women’s right to abortion in cases of fatal foetal impairment and that States have to provide for termination of pregnancy in such cases as the lack of access constitutes, inter alia, a violation of the right to be free from inhuman treatment.
As a State Party to the International Covenant on Civil and Political Rights (since 1977) and the Convention on the Elimination of All Forms of Discrimination against Women (since 1980), Poland has legal obligation to uphold these international human rights standards, stressed the experts.
International human rights mechanisms recognize women’s right to access safe and legal abortion as necessary for the protection of women’s dignity and equality and implicit in the right to equality, right to private life, right to be free from inhuman treatment and the right to the highest attainable standards, they said, adding that the decision of the Constitution Court “clearly goes against these standards.”
“It cannot be justified by invoking the protection of the right to life, as the right to life and all other human rights under international human rights law are accorded to those who have been born,” the experts said.
“Those who believe that personhood commences at the time of conception have the freedom to act in accordance with their beliefs but not to impose their beliefs on others through the legal system.”
‘Politicization’ leads to discrimination
The rights experts also pointed out that the “instrumentalization” and “politicization” of women’s bodies and health leads to discrimination against them, particularly in relation to their right to access health services and the resulting preventable ill health, including maternal mortality and morbidity.
The experts voicing their concern included the Special Rapporteurs on violence against women; the right to physical and mental health; and cultural rights, as well as the members of the Working Group on discrimination against women and girls.
The Special Rapporteurs, Independent Experts, and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. The experts work on a voluntary basis; they are not UN staff and do not receive a salary. They are independent from any government or organization and serve in their individual capacity.
Pandemic pushing people ‘even further behind’
As the COVID-19 pandemic gathers pace, people worldwide are “being left behind – or pushed even further behind”, the UN High Commissioner for Human Rights warned on Friday.
At the same time, civil society activists were being denied the right to voice opposition to government.
“This makes us all weaker”, she told the virtual meeting. “It heightens grievances that are destabilizing. It means we miss perspectives and expertise that could inform and strengthen our initiatives. It shields corruption and abuses, by silencing feedback.”
Engage the public
While acknowledging the major health and financial challenges facing governments in the pandemic, the rights chief underlined that “a country’s people are its leader’s finest and most important resource” and must be involved in policy making.
“Participation is a right – and it is also a means that ensures better, more effective policy,” she said. “To help heal harms, bridge deep fractures, and lead change that meets expectations, every society, and every leader, needs to engage the public’s participation, fully and meaningfully.”
The High Commissioner’s speech addressed human rights issues in some 50 countries.
Improve social protection
She welcomed the cessation of hostilities in the Nagorno-Karabakh conflict zone, announced in November by the leaders of Azerbaijan, Armenia and the Russian Federation, and called for investigations into all alleged violations that occurred during fighting there.
Moving to Asia and the Pacific, Ms. Bachelet encouraged governments to improve social protection systems as the pandemic has shown their value. On average, countries devote less than two per cent of GDP to social protection, compared with the global average of 11 per cent, she said.
The UN rights chief addressed the “serious concentration” in civic space across Southeast Asia, including what she described as “the alarming situation” in Myanmar, where the military seized power at the beginning of the month.
Turning to India, she said ongoing protests by thousands of farmers in India highlight the importance of having laws and policies based on consultations with concerned parties.
“Charges of sedition against journalists and activists for reporting or commenting on the protests, and attempts to curb freedom of expression on social media, are disturbing departures from essential human rights principles”, she added.
Tackle remaining issues
In the Americas, Ms. Bachelet welcomed “broad new measures” to tackle structural inequalities and racism in the United States, which include action to redress racially discriminatory federal housing policies.
“We also welcome new steps to end several migration policies that violated the human rights of migrants and refugees, including executive orders to end the family separation policy. I encourage further measures to tackle remaining issues, such as the massive detention of migrants, through the implementation of alternatives to detention”, she added.
A decade on from the “Arab Spring”, many countries in the Middle East and North Africa continue to suffer very serious inequalities, as repressive policies have been strengthened in some cases.
“Despite these setbacks, I remain optimistic that justice and human rights can be realized across the Middle East and North Africa – and that progress in this direction will ensure deep and lasting progress for development and peace,” Ms. Bachelet said.
Syria’s ‘grim anniversary’
Next month will mark 10 years since the start of the Syrian crisis, which the High Commissioner called a “grim anniversary”. She expressed hope that the Constitutional Committee will realize “tangible progress” and that the international community will work to bridge divides while also putting the needs of Syrians first.
Ms. Bachelet underscored that humanitarians and human rights workers must have immediate access to the Tigray region of Ethiopia, where government and regional forces have been clashing since November. She said credible investigations into allegations of violations such as mass killings, extrajudicial executions and other attacks on civilians are critical.
The human rights chief warned that the conflict in Tigray, coupled with rising insecurity in other parts of Ethiopia, could have serious impact on regional stability and human rights, underlining the need for a peaceful solution.
UN Security Council demands COVID-19 vaccine ceasefires
The UN Security Council on Friday unanimously passed a resolution calling on all Member States to support a “sustained humanitarian pause” to local conflicts, in order to allow for COVID-19 vaccinations. Briefing journalists afterwards, World Health Organization (WHO) chief Tedros Adhanom Ghebreyesus argued that more could be done.
While welcoming the historic resolution and upholding the importance of vaccine equity, he said that “concrete steps should be taken” to waive intellectual property rights to increase vaccine production “and get rid of this virus as soon as possible”.
“The virus has taken the whole world hostage”, Tedros said. “The UN Security Council can do it, if there is political will”.
The Council resolution calls for review of specific cases raised by the UN, where access to vaccinations is being hampered and to “consider what further measures may be necessary to ensure such impediments are removed and hostilities paused.”
Tedros noted that Côte d’Ivoire had received its first doses of the COVID-19 vaccine with more to be shipped to other countries in the days and weeks ahead – with the goal of getting vaccination underway in all countries within the first 100 days of the year.
Crediting the UN-led vaccine initiative COVAX, he said that fragile progress has been made, but that vaccine supplies and distributions must be accelerated.
However, he warned against bilateral deals with manufacturers producing vaccines that COVAX is counting on.
“I understand full well that all governments have an obligation to protect their own people. But the best way to do that is by suppressing the virus everywhere at the same time”, underscored the WHO chief.
“Now is the time to use every tool to scale up production, including licensing and technology transfer, and where necessary, intellectual property waivers. If not now, then when?”, he added.
Yemen: ‘Opportunity for peace’
In a bid for more funding, the WHO chief said that Yemen remained the world’s largest humanitarian crisis, with more than 20 million people desperately needing assistance. Some five million are at risk of famine, while half a million children under-five risk death without urgent treatment and the continuing spectre of COVID-19.
This current crisis comes at a time, after years of conflict, when there is now a real opportunity for peace in Yemen. We have to act on it”, he said, urging donors to generously support the 2021 Response Plan for $3.85 billion during a High-Level Pledging Event next Monday.
Meanwhile, on Wednesday, WHO officially launched its Strategic Preparedness and Response Plan (SPRP) for 2021.
It builds on achievements, focuses on new challenges, such as mitigating risks related to new variants, and considers the road towards the safe, equitable and effective delivery of diagnostics and vaccines as part of the overall strategy to successfully tackle the pandemic, according to the WHO chief.
“The 2021 SPRP outlines how WHO will support countries in meeting these objectives, and the resources we need to do it”, he said.
Proud son of Ethiopia
During a separate ceremony, Tedros said he was “deeply humbled” to receive the African Person of the Year award.
“I do not accept this award only on my own behalf, but on behalf of my colleagues at WHO, who work every day, sometimes in difficult and dangerous situations, to protect and promote the health of Africa’s people, and the world’s”, he said.
Belarus human rights situation deteriorating further
A “systematic crackdown” against dissent in Belarus is continuing, months since the country’s disputed presidential election last year, UN rights chief Michelle Bachelet has told the Human Rights Council.
In comments to the Geneva forum on Thursday, the High Commissioner for Human Rights insisted that curbs on demonstrators had got worse since last August’s poll returned President Alexander Lukashenko to office.
Those protests had led to “mass arbitrary arrests and detentions” of largely peaceful demonstrators, along with “hundreds of allegations of torture and ill-treatment”, Ms. Bachelet said, before noting that “not one of the hundreds of complaints for acts of torture and ill-treatment” had been investigated.
The High Commissioner highlighted concerns about Government proposals which would reportedly “enable harsher punishments” for those taking part in peaceful demonstrations from now on.
To date, nearly 250 people have received prison sentences on allegedly politically-motivated charges context of the 2020 presidential election, Ms. Bachelet said.
‘Unprecedented’ human rights crisis
The OHCHR report “covers serious violations” of rights between 1 May and 20 December last year. “The events that unfolded before and immediately after the election have led to a human rights crisis of unprecedented dimension in the country”, added Ms. Bachelet.
All of the violations detailed “committed with impunity, created an atmosphere of fear”, she said, noting the further deterioration since December.
She said journalists were being increasingly targeted, “and human rights defenders both institutionally and individually. Just last week, large-scale searches of human rights defenders, journalists, and organizations such as the Belarusian Association of Journalists and Viasna (A Minsk-based human rights centre) were conducted, reportedly in connection with criminal investigations for ‘mass disorder’”.
Release innocent protesters
She told the Council it was “essential for the future of the country that respect for human rights, and the broadest possible civic space, be established. All those who have been detained for peacefully exercising their rights should be released.”
The rights chief called for “thorough, effective, credible and transparent investigations” into all the allegations of serious violations, with perpetrators being brought to justice, as well as an “immediate end” to the Government policy of harassment and intimidation of civil society and media workers.
“I further recommend comprehensive reform of the national legal framework”, she concluded. “Our report includes specific recommendations, which address key systemic issues, including with respect to fair trials, due process and the independence of the judiciary.”
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