The future of abortion rights in Poland: a comparative analysis of domestic and international legal frameworks

Abstract

This thesis explores the tightening of abortion laws in Poland, particularly following the 2020 Constitutional Tribunal ruling that eliminated most legal grounds for abortion. The research analyses the conflict between Poland’s domestic legislation and its obligations under international and European human rights law. It examines how Poland’s actions challenge the principles enshrined in instruments such as the European Convention on Human Rights. Using a doctrinal and comparative legal methodology, the thesis evaluates domestic and international legal strategies, including litigation before the European Court of Human Rights, to resist democratic backsliding and restore reproductive rights within the state. The research finds that while national judicial avenues are limited by politicization, international legal mechanisms and civil society activism offer potential paths forward. Despite legal and political challenges, this thesis discusses how both legal action and public activism can help challenge restrictive abortion laws and support the restoration of reproductive rights in Poland.