Open AccessThe Right to the Protection of the Unborn Child in the Context of the Judgment of the Polish Constitutional Tribunal of October 22, 2020 in the Case K 1/20
Author(s) -
Agnieszka Gajda
Publication year - 2021
Publication title -
politeja
Language(s) - English
Resource type - Journals
eISSN - 2391-6737
pISSN - 1733-6716
DOI - 10.12797/politeja.18.2021.71.12
Subject(s) - tribunal , jurisprudence , law , constitutional court , european union , abortion , human rights , compromise , political science , right to life , context (archaeology) , fundamental rights , margin of appreciation , opposition (politics) , constitutional right , meaning (existential) , constitution , politics , psychology , history , business , pregnancy , genetics , archaeology , biology , psychotherapist , economic policy
The countries of the European Union have decided to share a peaceful future based on common values. However, there are still disputes over the understanding of the most fundamental issues related to the protection of human rights, including protection of the right to life. The author shows that the source of European culture is Christian. However, it is not the only source of shaping the values of Europe. As an example, she cites the differentiation of constitutional legal regulations or controversies related to the jurisprudence of the ECHR. She analyzes the judgment of the Polish Constitutional Tribunal declaring the unconstitutionality of the provisions allowing abortion if prenatal tests or other medical conditions indicate a high probability of a severe and irreversible fetal impairment or an incurable life-threatening disease. This judgment caused enormous opposition from a part of the society. This problem proves that a compromise has not yet been made on the issue of abortion. It is, therefore, difficult to claim that human rights protected in the European Union are given universal meaning.