Abortion and the convention on the rights of the child : the rights of embryos, the rights of foetuses or the rights of children?

Published online: 19 April 2023The Polish Constitutional Court relied on the UN Convention on the Rights of the Child (the CRC) in its case law to severely restrict the legality of abortion in Poland. According to the Court, the CRC is applicable also to unborn children and thus requires State Parties to limit abortion rights. Considering the legislative history of the CRC and the interpretative work of the UN Committee on the Rights of the Child (the CRC Committee), this chapter analyses the applicability of the Convention to foetuses, the legality of abortion and the states’ obligations to safeguard sexual and reproductive health and rights of children and adolescents. The conclusion reached is that the approach of the Polish Constitutional Court is erroneous and incompatible with Poland’s obligations under international human rights law. The CRC does not require State Parties to ban abortion. On the contrary, the CRC Committee has repeatedly called for the decriminalisation of abortion and for providing access to sexual and reproductive health services and goods for adolescents