Środki generalne wykonywania orzeczeń Europejskiego Trybunału Praw Człowieka w polskich sprawach dotyczących sprzeciwów od decyzji lekarza odmawiających możliwości dokonania zabiegu terminacji ciąży

Abstract

Full and proper implementation of the judgments of the European Court of Human Rights can be accomplished with general measures. Implementing them in the current legal system will allow future avoidance of suing the state before the Court in a similar case, as well as ensure the implementation of the positive obligations imposed on the states that have acceded to the European Convention on Human Rights. The purpose of this article is to present how Poland approaches the fulfillment of its obligation to implement the Court's judgment with regard to cases related to abortion. Using the dogmatic-legal method, the paper attempts to indicate what actions are being taken and what should be taken so that the implementation is considered correct and effective in the context of repairing the national legal system. The result of the analysis is the conclusion about the incorrect approach of Poland based on leaving matters "to their own course", which only leads to the increase of legal problems and the lowering of Poland's position in the international arena, as a state that does not fulfill its obligations.