Under the new rules, abortion in Poland is only legal in two scenarios: if the pregnancy threatened the mother’s life and health, or if a woman became pregnant after rape or incest.
Small protests gathered late Wednesday after an announcement that PiS would be taking the official step to enforce the decision in the short term, and abortion rights activists announced more would take place Thursday.
Abortion has emerged as one of the most divisive issues since PiS took power in 2015, promising poorer, older and less educated Poles a return to a traditional society mixed with generous welfare policies.
The court decision was published late in the official journal on Wednesday.
“This crazy statement will not prevent abortions,” said Cezary Jasiński, a 23-year-old student standing in front of the Constitutional Tribunal building in the center of Warsaw.
“But for any woman who will experience pain as a result of this ruling, or will be forced to give birth to a child with Down syndrome, they (judges) will be blamed.”
Last year’s protests quickly turned into an outburst of anger against the government, especially among young people, suggesting that PiS may face a new challenge from new voters in the coming years.
On Wednesday, officials said the government would now focus on helping parents of disabled children, although PiS and its centrist predecessors have been accused by critics of not doing enough in that regard.
“The state can no longer take a life away just because someone is sick, disabled and in poor health,” said PiS lawmaker Bartlomiej Wroblewski.
The party denies criticism from the opposition for influencing the court, the so-called Constitutional Tribunal. It is one of the judicial bodies that PiS has overhauled during reforms that the European Union says politicized the courts.
“No law-abiding government should respect this statement,” Borys Budka, leader of Poland’s largest opposition party, the centrist citizen’s platform, told reporters.
Access to abortion has declined even without the legal restrictions, as more doctors refuse to perform them on religious grounds and many women seek abortion abroad.
In a statement published Wednesday, the tribunal left open the possibility for parliament to regulate certain circumstances covered by the law.
Marek Suski, a PiS legislator, said the party would consider introducing new rules that would rule out the most extreme fetal malformations. But political commentators say consensus between PiS and its arch-conservative ruling allies would be difficult to achieve.
“In cases where the fetus does not have a skull or has no chance of living outside the womb, there should be a choice. We will work on this,” Suski told public radio.
Polls have shown that the popularity of PiS has declined somewhat in recent months, but a poll by the government-affiliated CBOS pollster showed it dropped to 35% this month, from 30% in October. PiS and its two minor parliamentary allies won re-election in 2019 with a 44% share of the vote.