Women’s rights activists, reproductive rights activists and activists for the separation of Church and State in Europe are invited to support Alicjia Tysiac against Catholic fundamentalists in Poland, by sending letters of support (Amicus Curiae) to the Polish Court of Appeal in Katowice, where a first audience has been scheduled for February 19.
The facts:
Alicjia Tysiac won litigation against Poland after a long struggle, when the European Court of Human Rights (Strasbourg) decided that Poland had not respected its own laws by denying her an abortion for health reasons. As a consequence this working class woman has since to live with a severe handicap (becoming almost blind). Since the Court published the verdict, Alicjia has become the target of a terrible defamation campaign. From pulpits and through Catholic media, Alicjia is called a “potential child murderer” who sued her country for hindering her to kill her own child. Photos and the names of her children were published in a diocesan weekly that opened its pages for a hate debate. She and the European Court of Human Rights have been compared to nazi criminals., etc.. In the past exacerbating Polish Catholic fundamentalists about a justice system that does not pronounce the sentences they wish to hear has had lethal consequences.
She sued the editor of Gosc Niedzielny, the Silesian diocesan weekly, and its owner, the archdioceses for defamation and won. On September 23, the court condemned the wekkly to publish formal excuses to Alicjia Tysiac and pay her a compensation of Euro 10 000. But the bishops decided to appeal.
An appeal process will deal with formal errors.
An analysis of the arguments of the bishops (they have published them on the internet and are seeking support) by Alicjia’ lawyers show the following strategy:
1. The ECRH sentence is not relevant for Polish jurisprudence as not published in Polish (the ECHR only publishes its verdicts in French and English)
2. Freedom of expression allows to comment sentences of the ECHR
3. The Concordat has legal preeminence as an international treaty, and article 20 of the Concordat would be violated by the verdict of the local tribunal
4. The young woman judge at the local Court misinterpreted the ECHR verdict. She is anyhow decried as totally incompetent
5. The sentence of the local Court did not take into account that the Polish public opinion condemns Alicjia and the ECHR verdict
6. EU institutions have no say concerning Churches as the relationship with these depends on the national State (principle of subsidiarity)
The main arguments of Alicjias lawyers are:
1. Poland signed the European Convention of Human Rights and is consequently submitted to the jurisdiction and jurisprudence of the European Court of Human Rights.
2. It is unacceptable to instrumentalise the Shoah for opposing abortion
3. It is unacceptable to compare the ECHR with nazi criminals.
4. A Court needs to make decisions independently from public opinion.
5. Freedom of expression has limits, in particular when the one attacking is a very powerful institution and the one attacked a weak individual.
Monika Karbowska, French-Polish feminists prepared a synthesis of the 80 pages of Alicjias lawyers. If you wish to receive it (in Polish, French or Spanish), please do not hesitate to request it.
This case is emblematic for the struggle of religious fundamentalism against the separation of religion and politics. Alicjia’s victory at the local tribunal was a huge victory. For the first time the Polish hierarchy was condemned to publicly apologize to a woman for not respecting her decision to have an abortion, in conformity with the laws of her country.
A victory of Alicjia’s at the Katowice Court of appeal would go further. Not only would it be a victory for women’s reproductive rights in Poland and in Europe but also and above all it would be a victory of the Lay
State over the ultraconservative Catholic hierarchy in Poland. It would show that the European Court of Human Rights is a guardian of the universality of Human Rights in Europe against the privileges of a powerful faith based institution.
The support received by Alicjia for the trial at the local Court was very helpful. It showed that the international community was watching. Of particular importance was the letter of support addressed by the progressive
European Catholics (European Network Church on the Move). It allowed for Polish media and the public opinion to learn that Catholics in other European countries disagree with the bishops on women’s rights.
Amicus Curiae letters (letters of the Friends of the Court) should be addressed:
MENTIONING Gosc Niedzielny vs. Alicjia Tysiac
Via snail mail to:
Sad Apelacyjny
Al.W.Korfantego 117/119
40-156
Katowice
Poland
An electronic copy of your letter should be sent by February 10 to Elfriede Harth (e.harth@yahoo.com) to be included in a file to be handed out to journalists at a press conference organized by the Committee of Support on February 19.
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