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16 maltatoday | SUNDAY • 7 MARCH 2021 MEPS from the European Parliament's committee on women's rights and gen- der equality (FEMM) and the committee on civil liberties, justice and home affairs (LIBE) had a joint hearing on attacks on abortion rights and breaches of the rule of law in Poland. Following the entry into force on Jan- uary 27, 2021 of the very restrictive law on abortion, Article 7 of the treaty on the Functioning of the European Union (TFEU) risks the violation of fundamental values within the EU. Equality Commissioner Helena Dalli explained that 22 October law restricting access to abortion violated Poland's fun- damental rights obligations. "All women should have equal access to health care. Reproductive sexual health rights are es- sential for women and girls. She consid- ered the risk of illegal abortions especially for disadvantaged people, migrant women who could be more affected by this ban. She declared all efforts aimed at limiting the rights of women must be refused." But Polish ambassador Sados Andrzej replied that the changes in Poland were not the result of an action by the Polish government or parliament but due to a decision of the constitutional court which relied on the Polish constitution. "Judicial authority in Poland is separated from other authorities. In accordance with the treaty on the functioning of the EU, health policy falls within the competence of the member states. This is an exclusive responsibility of the member states. It is up to the member states to examine the ad- missibility of the derogations concerning access to voluntary terminations of preg- nancy. "Poland has always defended the right to life and does not accept interference from European institutions in this regard. The Polish Constitutional Court stipulates that from its conception every human being has the right to live. All human life has the same value." Andrzej said the court maintained its po- sition of 1997 which considers that human life must be protected at all stages of its de- velopment. "Any restriction on human life should be a last resort. The judgment of the con- stitutional court annuls one of the provi- sions on the law of family planning which sets out the conditions authorizing abor- tion. But it does not mean to totally ban abortion. This ruling by the constitutional court does not call into question Poland's respect for international human rights or international law. This does not call into question the European provisions or those of the United Nations." Concerns in Europe are growing because the Polish government's approach is seen as extremely discriminatory towards the LGBT community and women who are exposed to a loss of their rights. The reac- tions of parliamentarians agree on the de- fence of women's rights in Poland. For Irish MEP Maria Walsh (EPP), the abortion judgment is being execut- ed against the majority of Polish people. "The government looks down on LGBT minorities and women. The country is retreating democratically. The ban on protesters has grown stronger in recent months. The media are worried about the increasing restrictions imposed on them. So she wonders what could be done by the EU institutions to keep the space reserved for civil society in countries like Poland in Europe?" On the socialist side, the Irish MEP Frances Fitzgerald raised the following question: "What happens when a woman is pregnant with a foetus that presents an anomaly? Is the government pushing these women to go to the end of the pregnancy? What becomes of these women?" Socialist MEP Maria Noichl from Ger- many said the export of abortion would only force women to perform an abortion in a neighbouring country. "Which means only women who have the money can do it. It also evokes the position of the Church… what is certain is that it is the state that makes the law and it is not the influence of the Church that must be suffered. I am not for a church which pushes women to take the road to have an abortion." Michal Simecka, Vice-chair of Renew Group from Slovakia, fully agreed with what colleagues said about the expecta- tions of basic and women's rights. "As a member of the LIBE it is a subject to which he is particularly sensitive because it af- fects the rights of women but also the rule of law, because the process leaves much to be desired. In terms of women's rights, the ambassador said it was an independent court ruling that has nothing to do with the government. "Now the integrity and identity of this tribunal has been compromised. This is a subject that affects the EU; the Europe- an Commission should have taken much stricter and more reactive measures. This clearly shows that the rule of law and hu- man rights are linked. Because you have an independent tribunal that violates the fundamental laws. I expect more reaction from the EU because it is a problem that arises at the level of the rule of law and its respect." Also, Terry Reintke, Vice-chair of Group of the Greens/European Free Alliance from Germany wondered what the Com- mission will do following the infringement proceedings against Poland for judicial in- dependence. What new measures will the Commission take?" Green MEP Alice Kuhnke askedthe am- bassador what will be the consequences of the withdrawal of the country from the Is- tanbul Convention for the nearly 700,000 Polish women are victims of domestic vi- olence. Demonstrator holding placards during a protest against the verdict restricting abortion rights in Warsaw, Poland This article is part of a content series called Ewropej. This is a multi-newsroom initiative part-funded by the European Parliament to bring the work of the EP closer to the citizens of Malta and keep them informed about matters that affect their daily lives. This article reflects only the author's view. The European Parliament is not responsible for any use that may be made of the information it contains. Poland abortion ban: MEPs raise serious questions for ambassador and Commission Poland's abortion ban has raised the hackles of MEPs in the women's rights and civil liberties committee