ECHR criticized for its ruling against Poland on disability abortion case

European Court of Human Rights. Photo: pixabay

On November 13, 2025, the European Court of Human Rights ruled that Poland's ban on abortions in cases of severe fetal abnormalities violates women's rights. The publication of the decision caused a wave of critisism, reports Christian Today.

The legal challenge was brought by a woman who travelled abroad for an abortion after Poland’s 2020 Constitutional Tribunal decision to strike down abortion on the grounds of fetal disability. The woman travelled abroad for the abortion after her baby was diagnosed with a severe abnormality. The court in Strasbourg recognized that her rights were violated in the context of Article 8 of the European Convention on Human Rights, which concerns the right to private and family life.

The decision sparked protests from several public and legal organizations.

Dr Felix Böllmann, Director of European Advocacy for legal advocacy group ADF International (ADF) criticised the November 13 ruling, arguing that Poland was within its rights to determine its own laws on the matter. “With this judgment the European Court of Human Rights has interfered in a matter that belongs squarely under Polish jurisdiction," he said. Böllmann called on EU institutions to protect the unborn, and respect the right of nations to legislate in accordance with their own constitutional and moral frameworks.

Critics argue that the court's verdict "exceeds its powers" and limits the sovereign right of states to shape policy in accordance with national constitutional and moral principles. Previously, nine EU countries had already called for a broad discussion on the ECHR's approaches to interpreting the European Convention.

Previously, the UOJ reported that the European Parliament Committee called for the inclusion of abortions in health policy.

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