Brussels, Feb. 9, 2021 (Lusa) – The Portuguese presidency of the Council of the European Union (EU) on Tuesday reiterated its commitment to respect for human rights, including the right to sexual health, in a debate with MEPs on the ban on abortion in Poland.

"As a woman and as a member of a government I say to you that women's rights are fundamental human rights and sexual and reproductive health rights are at the heart of these", said European Affairs Secretary Ana Paula Zacarias in a debate in the European Parliament (EP) on the de facto ban on abortion in Poland.

The Secretary of State, representing the Council of the EU - whose presidency Portugal holds until 30 June - also argued that "women should be able to exercise their sexual and reproductive health rights without any coercion".

Ana Paula Zacarias stressed, however, that health policy was a competence of the member states and the EU had no competence in this area.

For her part, the European Commissioner for Health, Helena Dalli, pointed out that with the publication in January of a ruling by the Polish Constitutional Court, "abortion is no longer allowed even in the case of irreversible and proven malformation of the foetus".

She also stressed that "the constitutionality of Polish laws cannot be guaranteed" in the current situation where the independence of the judicial system is subject to infringement proceedings by Brussels.

The court banned voluntary termination of pregnancy in October 2020 in the case of malformation of the fetus, considering it to be "incompatible" with the Constitution, which leads to a ban on voluntary termination of pregnancy except in cases of rape or incest, or when the mother's life is in danger, the judgment having been published in January.

In a resolution in November, the EP considered that "recent events in Poland - in particular the political and legal dispute over the composition of the Constitutional Court and the new rules on its functioning - have raised concerns about the Constitutional Court's ability to defend the Constitution and ensure respect for the rule of law".

The text also notes that the October decision "was handed down by and fully dependent on the judges elected by politicians from the ruling coalition led by the Law and Justice Party, following the request of a group of members of the ruling coalition

The EP then called on the European Commission "to carry out a thorough assessment of the composition of the Constitutional Court and to consider the possibility of initiating infringement proceedings in respect of its decisions and its illegal composition, which raises questions about its ability to respect the Polish Constitution".

The Polish government announced on 27 January that the Constitutional Court's ruling practically prohibiting the practice of abortion came into force after its publication in the Official Journal on the same day.

"The Constitutional Court provided a written justification of the ruling on the protection of life. In accordance with constitutional requirements, the judgment will be published today in the Official Journal", the Government Information Centre indicated in a message on the social network Twitter.

The decision was challenged by demonstrations.

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