Wykładnia art. 4a ust. 1 pkt 2 ustawy o planowaniu rodziny, ochronie płodu ludzkiego i warunkach dopuszczalności przerywania ciąży w świetle orzecznictwa Sądu Najwyższego i poglądów doktryny prawa

Abstract

In the Act of 7 January 1993 on family planning, human embryo protection and conditions of permissibility of abortion, in a solemn preamble preceding the text we read that life is a fundamental good of man, and that concern for the life and health is one of the fundamental obligations of the state, society and citizen. In the provision of Article 1 of the Act we notice a statement that the right to life, including its prenatal stage is protected within the limits laid down in the Act. It can therefore be argued that, on the basis of applicable law, right to life of nasciturus is not absolute, and therefore in the conditions referred to in the Act there is a possibility to have an abortion. All the conditions for lawful termination of pregnancy are the subject of numerous comments and analyses. For some, They are an example of restrictiveness of the Polish anti-abortion law, for others - on the contrary - they are the reason for the criticism indicating that the legislator does not sufficiently protect an unborn life.