Decreasing Abortion Rights in Poland and the EU Response

European integration is under pressure. There is increasing disagreement between Member States (MS) on topics such as immigration, the European currency, sovereignty and for the first time since its foundation, a member state has left the European Union (EU). In these debates, it often comes down to the discussion on competences and sovereignty. Is the ultimate power for the sovereign state or for the supranational institutions? This thesis examines the overlapping competences between healthcare (national) and the protection of human rights (supranational). Based on the case study of abortion rights in Poland, it discusses which factors play a role in this debate and what the EU's response and competences are. According to the EU, access to abortion is part of basic sexual and reproductive rights of women and strict abortion laws violate this. However, the EU also recognises that healthcare arrangements, and thus abortion, lie with the sovereignty of MS, as agreed upon in the treaty...Show moreEuropean integration is under pressure. There is increasing disagreement between Member States (MS) on topics such as immigration, the European currency, sovereignty and for the first time since its foundation, a member state has left the European Union (EU). In these debates, it often comes down to the discussion on competences and sovereignty. Is the ultimate power for the sovereign state or for the supranational institutions? This thesis examines the overlapping competences between healthcare (national) and the protection of human rights (supranational). Based on the case study of abortion rights in Poland, it discusses which factors play a role in this debate and what the EU's response and competences are. According to the EU, access to abortion is part of basic sexual and reproductive rights of women and strict abortion laws violate this. However, the EU also recognises that healthcare arrangements, and thus abortion, lie with the sovereignty of MS, as agreed upon in the treaty. Thus, the EU has no legal ground to tackle the stricter abortion legislation. It does, however, hold the power of responsibility by persuading MS to adhere to women's sexual and reproductive rights. This thesis studied the critical junctures in time from the Polish accession in 2004, the Lisbon treaty in 2009, and the rise of the PiS party in 2015, and analysed the changing positions of Poland and the response of the EU. The results showed that given its sovereignty on healthcare, the EU has no legal basis to tackle Poland's stricter abortion laws. To influence this area beyond its competences, the EU increasingly condemns Poland for violating the Sexual and Reproductive Health and Rights (SRHS) agreements and sponsors projects that increase SRHR awareness and provide geographical access to SHRH services.Show less

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Decreasing Abortion Rights in Poland and the EU Response