Search Results (2)

This article analyzes how and why a near-total abortion ban was recently secured by a populist ruling party with support from Catholic Church leaders and lay groups following earlier passage of one of the most restrictive abortion laws in Europe. The paper further examines the public health threats posed by these measures, which have long been under-researched. These policy shifts are situated within the deeply embedded context of Poland’s abortion conflict and a setting that has long been challenging for reproductive health. The 1993 ban led to the resurgence of clandestine abortions, a near-total privatization of abortion services, and more women seeking abortion services overseas. In late 2020, the exemption for severe fetal anomalies that made up 97% of all legal abortion cases in prior years was eliminated. Neither ban has significantly reduced the number of women obtaining abortions, nor have they increased birth rates as anticipated by proponents who championed traditional family values that they equated with Catholicism and Polish national identity. The new blanket ban on abortion constitutes a health risk and a punitive measure achieved via a judgement of the Constitutional Tribunal stacked with loyalists by the ruling party. It did not reflect popular will, although societal attitudes on abortion are markedly less permissive than in much of Europe. Although the populist and religious right have realized their long-held goal of further restricting, if not eliminating, women’s access to abortion services, compelling criticisms have been raised about how this move compromises women’s health and autonomy. Ironically, the realization of this goal, which many Poles view as unduly extreme, may also undermine long-term support for both the political right and the Church. The wisdom of their move was widely questioned, sparked the largest protests since the end of Communist rule, and drew international criticism. It proved a polarizing action that alienated many young adults and may have accentuated a secularizing shift. Women and their partners are finding new ways to navigate many public health threats by increasingly traveling beyond Poland for safe abortion care and resorting to newly available medication abortion methods. Full article

The objective of this article is to answer the question of when an increase in criminal legislation is necessary. To this end, a review was conducted on the positions that deal directly or peripherally with increases in criminal legislation, with a focus on how these positions relate to increases, such as the more general positions related to “law and social change”, as well as the more specific positions related to penal inflation and “penal populism”. Special reference will be made to the expansion thesis, which, in general, has been well received in Ibero-America. In the second section of this study, the answer to the question is addressed, considering elements from the “law and social change” approach and Sutherland’s reflections on white-collar criminality. Full article