November 28
2021
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Trajan Shipley
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18th October 2021
Human Rights Justice & Litigation

ECtHR to rule on abortion challenge in Poland on the ground of unlawful composition of Constitutional Court

The European Court of Human Rights (ECtHR) has communicated a case (M.L. v. Poland, application no. 40119/21) to the Government of Poland by which the applicant challenges a forced abortion she suffered on the grounds of, inter alia, the unlawful composition of the Polish Constitutional Tribunal, which had ruled on 22 October 2020 that legal abortion in case of foetal abnormalities was incompatible with the Polish Constitution.

The applicant is a woman that was denied abortion of a foetus that was suffering from Trisomy 21 or Down Syndrome. The denial of the abortion surgery, which was already scheduled, was a direct consequence of the entering into force of the Constitutional Court’s judgment prohibiting abortion in case of foeta

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