Controversial Abortion Laws in Poland
Poland's restrictive abortion laws have sparked much controversy. The debate over the possibility of terminating a pregnancy has been ongoing for many years. Alicja Tysiąc was the first to publicly share her story, which put her in the crosshairs of pro-life activists and Catholic Church clergy. Her children, especially Julia, who was not supposed to be born, also faced difficulties.
Doctors Warned of Vision Loss from Pregnancy and Birth
In 2000, Alicja Tysiąc already had two children. She lived with her family in a 29-square-meter apartment in poor condition, lacking central heating and with mold on the walls. In addition to the dire living conditions, she had another problem - a severe and progressing vision impairment. She suffered from retinopathy, a retinal degeneration that left her with -20 diopters in each eye. Additionally, she discovered she was pregnant again, a condition that could worsen her health. Both previous births had been cesarean sections due to complications.
Consultations with several ophthalmologists left no illusions. Alicja Tysiąc was told that if she carried the pregnancy to term and gave birth, it would likely lead to complete vision loss. Despite this, doctors refused to issue a certificate that would allow her to undergo a legal abortion.
Several ophthalmologists were afraid to issue a certificate indicating the need for an abortion, although in direct conversations, they confirmed that childbirth posed a serious threat to me,
- Alicja Tysiąc said in an interview with "Wysokie Obcasy".
There was another worrying aspect of the pregnancy. During one examination, an internist stated that a third cesarean section could cause Alicja's uterus to rupture. The doctor agreed to issue a document confirming that the patient's life and health were at risk, which was a prerequisite for legal termination of pregnancy.
- I was scared because I already had two children. Being blind and raising children? It's different when you're blind from the start; you learn to live with it
- confessed Alicja Tysiąc, as quoted by the portal Dziennik.pl.
Doctor Refused Abortion, Saying: "Ala, You Could Still Have Eight More Children"
Alicja Tysiąc went to a hospital in Warsaw for a consultation to schedule the procedure. However, there she learned that Dr. Romuald Dębski refused to perform the abortion. He destroyed the certificate from the internist and forced the patient to give birth.
- Wanda Nowicka, now the Deputy Speaker of the Sejm, called me and asked if I could see Ms. Tysiąc, who had a referral for a pregnancy termination. Myopia, a significant vision impairment, and two prior cesarean sections did not qualify her for an abortion - said Romuald Dębski, then head of the Obstetrics and Gynecology Clinic at the Bielański Hospital in Warsaw, in an interview with "Wprost."
Dr. Dębski had a brief conversation with me that started in the corridor. Only when he saw my nervousness and tears did he invite me to his office. The conversation was short. He said, 'Ala, you could still have eight more children
- Alicja Tysiąc recalled in an interview with "Wysokie Obcasy."
Alicja did not plan to have a third child because she knew another pregnancy could worsen her health. With retinopathy, hormonal contraception was impossible. The solution was to have her fallopian tubes tied, but such a procedure was not available in Poland. She could only use condoms, which unfortunately failed.
After the Refusal, She Sought Illegal Abortion Options
After Dr. Dębski refused to terminate the pregnancy, Alicja began searching for illegal places to have an abortion. However, the cost of the procedure exceeded her financial capabilities.
In 2000, an underground abortion would have cost me 5,000 zł. At that time, it was an enormous amount for me, impossible to gather
- Alicja Tysiąc said in an interview with Gazeta.pl.
Post-Birth Vision Deterioration
In 2001, Julia, Alicja's third child, was born. The ophthalmologists' predictions were accurate - childbirth further deteriorated her eyesight by another six diopters, leaving her almost blind. Doctors advised Alicja not to bend over or lift heavy objects, as it could negatively impact her vision. They also recommended memorizing the layout of her apartment.
When I gave birth, I couldn't see anything. After the delivery, I had hemorrhages, and my vision worsened. I went to the Warsaw hospital on Czerniakowska Street, the same one where I was denied an abortion. The ophthalmologist started yelling at me: 'Who even allowed this pregnancy?'
- Alicja Tysiąc recounted, as quoted by the portal Dziennik.pl.
Legal Battles and European Court Victory
Due to her deteriorating vision, the state granted Alicja the highest disability group. She also received a pension of only 400 zł. Together with another allowance, she could count on 600 zł per month. Unable to work, Tysiąc decided to take legal action due to being denied the right to a legal abortion. The district court dismissed her complaint. The Supreme Medical Chamber also analyzed the case and found that Dr. Dębski did not make any mistakes by refusing the abortion. Experts appointed by the prosecutor concluded that the pregnancy and childbirth did not affect Alicja Tysiąc's vision deterioration, leading to a swift case dismissal.
Despite this, Alicja Tysiąc decided to fight for her rights. She took her case against Poland to the European Court of Human Rights in Strasbourg. In her complaint, she accused her homeland of violating articles of the European Convention on Human Rights concerning the right to respect for private and family life, the prohibition of torture, the right to an effective remedy, and the prohibition of discrimination.
Alicja feared the trial. "Polityka" writes that she remembered the cup of water standing before her. Throughout the hearing, she wondered if she could drink from it. Ultimately, she did not reach for it, fearing the court might think her vision problem was not that serious.
The case was resolved in Alicja's favor. In 2007, the Strasbourg court ruled that Poland had violated the European Convention on Human Rights regarding the right to respect for private life and awarded her 25,000 euros in compensation and legal costs. However, the nightmare for Alicja Tysiąc and her family did not end.
Church Persecution and Public Backlash
The compensation awarded to Alicja Tysiąc caused a significant uproar among Catholic clergy and numerous religious organizations. Catholic newspapers and websites published articles stating that Alicja received money for wanting to "kill her own child." The persecution from priests and pro-life activists targeted not only Alicja but also her children, especially Julia. One priest refused to baptize the girl, and even an intervention by the curia could not complete the sacrament.
When Alicja's older children were about to receive their First Holy Communion, the priest summoned her for a meeting. The clergyman said he would not administer the sacrament unless Alicja publicly declared on television that she was an attempted child-killer and was ashamed of it. Tysiąc refused, but the harassment did not end.
At Jasna Góra, during a homily before tens of thousands of people, Cardinal Józef Glemp said that the only consequence of Julia's birth for Alicja was the need to buy more expensive glasses. In "Gość Niedzielny" magazine, articles referred to Alicja Tysiąc as a "would-be murderer" and compared her to Nazi criminals responsible for the Holocaust during World War II. Alicja decided to sue the magazine's editor for defamation. In 2011, the District Court in Katowice ruled in favor of Alicja Tysiąc, ordering the Catholic magazine to pay compensation and publish an apology.
Everyday Life and Treatment Quickly Consumed Compensation
The compensation granted to Alicja Tysiąc was labeled "Judas' silver coins" by Catholic writers. She used the money mainly for treatment. Some of it was spent on furnishing the apartment she received from the city. Bills for medications and utilities quickly consumed the rest of the compensation.
Monthly treatment, including medicines, injections, and ozone therapy, costs about 10,000 zł. I can't rely on the National Health Fund (NFZ). The wait times are terribly long, and my medications and injections are not reimbursed. The only thing the state partially reimburses is lenses for my glasses. However, making glasses with my -27 diopter condition costs about 3,500-4,000 zł. The NFZ reimburses a total of 140 zł for both lenses
= Alicja Tysiąc explained in an interview with "Wysokie Obcasy."
