Case Tysiąc

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Alicja Tysiąc

The Tysiąc case is a case of the European Court of Human Rights in which the Polish citizen Alicja Tysiąc sued the Republic of Poland. In 2007, her lawsuit was upheld and the Polish state was sentenced to pay compensation of 25,000 euros.

case

Alicja Tysiąc had since childhood shortsighted , in the left eye with a visual acuity of 0.2 visually impaired . After the birth of her second child, she was warned of the risk of going blind. Six years later, in 2000, she became pregnant again. The Polish law allows abortions if the life or health of the mother is at risk. Tysiąc asked three ophthalmologists for a certificate stating that an abortion was permissible in her case, as she could go blind if she gave birth again. Although all of the doctors found that pregnancy and childbirth posed a risk to Tysiac's eyesight, they refused to issue such a certificate, as a detachment of the retina could not be assumed with certainty. Tysiąc then asked her family doctor to issue the certificate. However, the doctor's certificate was not recognized by the head of the hospital where Tysiąc wanted to have the abortion performed. The abortion was not carried out and Tysiąc gave birth to her daughter by caesarean section. The birth proceeded without any significant complications.

Approximately six weeks after the birth, Tysiąc experienced a significant deterioration in vision and has been unable to work since then. Tysiąc attributed this to the lack of abortion and tried to hold the doctor who had denied her the abortion responsible. A lawsuit she initiated against the doctor was unsuccessful, however, since according to an expert panel of three doctors from the Białystok Medical Academy appointed by the court, the risk of retinal detachment was always present in the plaintiff in view of her illness and neither her pregnancy nor the birth Realizing this risk would have contributed.

Judgment of the European Court of Human Rights

Finally, in 2003, with the support of the Federation for Family Planning and the American NGO "Center for Reproductive Rights" , Tysiac filed a lawsuit against the State of Poland with the European Court of Human Rights . The case was accepted for consideration. In March 2007 Poland was sentenced to pay 25,000 euros in damages. The court ruled that the Polish state had failed to ensure that Tysiąc could have a legal abortion under its own law. The verdict came with the vote against of the Spanish judge J. Borrego Borrego.

More judgments

A court condemned the Polish church newspaper with the highest circulation in the Archdiocese of Katowice for an article which, according to the verdict, contained a targeted personal attack on an individual with the aim of stoking negative emotions against them. The court recognized a compensation payment of the equivalent of 7200 euros and an apology was printed. In an initial statement, the newspaper expressed its disappointment with the verdict; she is checking to see if she is appealing.

Web links

Individual evidence

  1. ^ Judgment of the ECHR. Paragraph 9. In: European Court of Human Rights (ECHR). Retrieved November 7, 2019 .
  2. ^ Judgment of the ECHR. Paragraphs 2 20 and 21. In: European Court of Human Rights (ECHR). Retrieved November 7, 2019 .
  3. ↑ Court censures Poland for denying abortion rights The Guardian March 21, 2007 (Engl.)
  4. ↑ Court condemns Polish church newspaper  ( page no longer available , search in web archives ) (mp3 audio file) Deutschlandfunk , September 25, 2009@1@ 2Template: Toter Link / ondemand-mp3.dradio.de