Poland’s first abortion facility opens

POLAND — The abortion clinic Abotak – a combination of the Polish words “aborcja” (abortion) and “tak” (yes) – opened its doors on International Women’s Day. The facility is located in Warsaw, opposite the Polish parliament. The facility, run by Abortion Dream Team, offers a safe space where women can take pre-ordered abortion pills. It also provides pregnancy tests and advice on how to terminate pregnancies. One of the founders is Justyna Wydrzynska, who was convicted by a Polish court for helping a woman terminate a pregnancy during the pandemic. In February, an appeals court ordered a retrial of Wydrzynska’s entire case. Abortion is not permitted in Poland unless the pregnancy is caused by rape, incest, or poses a risk to the patient’s life. Under the previous far-right government, doctors could go to jail for performing an abortion. This resulted in a near-total abortion ban as medical professionals were reluctant to carry out the procedure even in cases when it was technically legal, for fear of prosecution. Since taking power in 2023, a new government led by Donald Tusk has failed to liberalise abortion laws.

PORTUGAL — The minimum age for marriage in Portugal has been raised to 18 with no exceptions. Until now, marriages were allowed from the age of 16 with parental consent. The law, signed by president Marcelo Rebelo de Sousa, aims to eliminate child, early and forced marriages. The bill, which amends the civil code, the civil registry code and the law on the protection of children and young people in danger, was passed by parliament earlier this year.  A Unicef report identified 836 child and forced marriages in Portugal between 2015 and 2023. In 126 of these cases, the children were between 10 and 14 years old, despite legal limitations. Situations such as teenage pregnancy, domestic violence or human trafficking are associated with early marriages.

HUNGARY — Hungary has outlawed the Budapest Pride parade and other queer events, after parliament passed a bill introduced by prime minister Viktor Orbán’s coalition that makes it an offence to hold or attend events that “promote” LGBTQIA+ content to children. The bill also allows for the use of facial recognition technology to identify organisers and attendees. From April 15 on those who defy the ban will face fines of up to 500 euros. But this did not dissuade the thousands of people who rallied in the streets of Budapest to demand the repeal of the anti-Pride law. LGBTQIA+ rights organisations said they plan to go ahead with Pride celebrations at the end of June in defiance of the ban. The law is the latest attack on the LGBTQIA+ community by Viktor Orbán’s government. Since taking power in 2010, the prime minister has passed a number of laws against what he calls “LGBT propaganda.” In 2023, Hungary passed a law that allows anyone to report gay or lesbian couples who have children in their care to authorities. Same-sex marriages are not recognised in Hungary, and the national constitution states that « a mother is a woman and a father is a man », making it impossible for same-sex couples to adopt children.

JAPAN — Japan’s Nagoya high court ruled on March 7 that the lack of legal recognition for same-sex marriage in the country is unconstitutional. Nagoya’s court noted that same-sex couples face disadvantages – such as restrictions on renting properties or mortgage applications. – that can’t be resolved by civil partnership systems. In mid-March, the Osaka high court issued a similar ruling, stating that the same-sex marriage ban is also unconstitutional as it violates individual dignity and the essential equality of the sexes. Nagoya and Osaka thus became the fourth and fifth consecutive Japanese districts to recognise same-sex couples’ right to wed, after Tokyo, Fukuoka and Sapporo.

BELGIUM — Although it will not introduce an X as a third gender option on identity cards, Belgium will allow non-binary people to request that the gender option on their ID cards be removed entirely. The decision, announced in April, has been criticised by some LGBTQIA+ organisations because they do not consider it a true recognition of non-binary status.  In 2019, the constitutional court ruled that the country’s gender registration laws discriminate against non-binary people, as they only allow abbreviations of “male” or “female” on official documents. This gender removal option is contained in a coalition agreement reached at the end of 2021 to comply with this ruling. A person’s sex assigned at birth would still be recorded in databases.

TRINIDAD & TOBAGO — The Trinidad and Tobago appeals court has overturned a 2018 ruling which had found that the country’s ban on consensual intercourse between same-sex couples was unconstitutional. This means queer sex is once again outlawed. Appeal judges Nolan Bereaux and Charmaine Pemberton upheld the attorney general’s appeal and reinstated sections 13 and 16 of the Sexual Offenses Act, which criminalised sodomy. They reduced the applicable penalties from 25 to five years’ imprisonment. Several Caribbean nations maintain colonial-era laws that prohibit queer sex. But successive Supreme Court rulings have overturned such discriminatory legislation against LGBTQIA+ people. Trinidad and Tobago had been one of the first countries to achieve this, along with Belize (2016). Last year there were advances in Antigua and Barbuda, St. Kitts and Nevis, Dominica and Barbados.

US — A New York County official has rejected an attempt from Texas to enforce a $100,000 judgment against a doctor who prescribed abortion pills to a patient via telemedicine. Relying on New York legislation, Ulster county clerk Taylor Bruck refused to file the lawsuit against Dr. Margaret Daly Carpenter, a member of the Abortion Coalition for Telemedicine, who prescribed mifepristone and misoprostol remotely to a Texas woman. In February, New York increased protections for abortion pill providers by allowing doctors to omit their names in prescriptions. Last month, republican state lawmakers introduced a bill in Texas to restrict access to abortion pills, since abortion is banned in most cases. The bill specifically targets technology companies that allow patients to order abortion pills online, as well as non-profit funds that help them travel out of state for medical care. If passed, it would create civil penalties for the “death of an unborn child” and empower the “biological father of the unborn child” to file civil lawsuits. It would also prosecute websites that share information about abortion pills, as well as companies that facilitate payments for abortion pills.

UNITED KINGDOM — From later this year, women in England will be able to get the morning-after pill for free in pharmacies, as is already possible in most doctors’ surgeries and sexual health clinics. The announcement was made by the government in order to increase access to emergency contraception methods. It had been reported that some women had to pay up to 30 pounds for the pills depending on where they live.

FRANCE — The lower house of the French national assembly has passed a bill that would amend the criminal definition of rape and sexual assault to include the idea of consent. The proposition to change the law follows the trial of Dominique Pelicot, who was found guilty of aggravated rape and sentenced to 20 years in prison for drugging his ex-wife, Gisèle Pelicot, and inviting dozens of other men to rape her while she was sedated. All 51 perpetrators in the trial were found guilty, but lawyers for the defence repeatedly implied that Gisèle Pelicot had consented to the acts. The proposed bill, which has to be approved by the Senate to become law, would modify articles 222-22 and 222-23 of the criminal code, the first defining sexual assault offences and the second specifying rape as a crime of sexual penetration or oral sex. The amendment includes reference to the absence of the victim’s consent in the definition of rape and other sexual assaults. It also defines the concept of consent, specifying that it must be freely given, assessed in the light of the surrounding circumstances, that it may be withdrawn before or during the sexual act, and that it can’t be inferred from the person’s silence or lack of resistance.

IRAN — A new UN report has found that Iranian authorities have committed human rights violations en masse, some of which might be considered crimes against humanity, since the beginning of the massive protests after the death of Mahsa Amini in September 2022. Girls and women are especially targeted: the country has ramped up criminal prosecutions against those who defy mandatory hijab laws. The Independent International Fact-Finding Mission on Iran found that violations have intensified in the last year, with criminal sanctions such as fines, prison sentences or even the death penalty. Ten men have been executed for their involvement in the 2022 protests, and at least 11 men and three women are still at risk of being executed. Online surveillance has been increased, especially on Instagram accounts, and SIM cards have been confiscated. The UN also warned about the use of drones for air surveillance and the dangers of the Nazer app, created by the government to allow ordinary citizens to file a complaint against people who defy the Islamic regime.

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