International Human Rights Law and Liberatory Potential: Part IV

In section III, I have illustrated that Poland violates the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the right to abortion.

Finally, here, in Section IV, I will argue that Poland has a history of international human rights laws being implemented by civil society.

Ultimately, I argue that international human rights laws do have liberatory potential and are in line with Polish culture. However, this potential is not actualised for women's rights.

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Section IV- Complex Local Factors and International Law

Poland has a history of human rights being implemented by civil society. For example, the Solidarity movement eradicated communism in Poland as methods of civil resistance were utilised to advance the causes of workers' rights and social change.

Through this, I argue that human rights in Poland are most effective when they are built from citizens resisting and protesting violations until they are implemented. Civil society plays a vital role in promoting rights and accountability, empowering minorities and vulnerable groups.

For instance, when the 22-week pregnancy ended in the mother's death, mass protests across Poland forced the government to remind doctors that abortions are legal in some cases. To actualise the liberatory potential of international human rights law, therefore, international organisations can support such resistance groups to enact change and uphold the liberatory potential of international human rights law.

A criticism of this argument would uphold that using civil society to ensure international human rights on women are maintained does not protect women's rights. If the Polish government promises to protect human rights through their restrictions, claiming it is best for Polish culture, then it ought to be up to Poland to make these laws.

In this way, if Poland has its own domestic laws that protect women's rights, then surely, they should not need to sign up for international law. However, I argue that this is an unconvincing claim.

Even though Poland has its own treaty to replace the Istanbul Convention and CEDAW, it does not protect women's bodily autonomy. Instead, it has resulted in more abuse, violence and even the death of a pregnant woman. In this way, international law holds liberatory potential because Poland's current laws are not working.

International law had liberatory potential right after the Second World War (WWII) and aligned with Polish culture. For instance, the extermination of almost 17 million people during the Holocaust, three million Polish Jews were killed, and an estimated two million Polish citizens were killed by the Nazis.

The Universal Declaration of Human Rights (UDHR) was created from such a catastrophic event, starting a list of all the human rights that everybody globally should enjoy. Article 19 of the UDHR maintains that everyone has the right to opinions and express them freely.

This expands to women expressing their need for protection against domestic violence and desire for equal status to men via reproductive rights. As Poland and its politicians widely accepted the UDHR, it suggests that human rights theory complements Polish history and culture, protecting its citizens in light of the events of the Holocaust.

In this way, Poland has a history of liberating itself from human rights violations, such as communism in the Solidarity movement. Henceforth, international law should have the same potential to liberate women.

International laws were not imposed on Poland as they may have been on other countries in arguments of TWAIL. Therefore, there should be no philosophical barriers to embracing the Istanbul Convention and CEDAW as complimentary to Polish culture.

Even if abortion laws are completely against traditional church teachings, there could be other ways of incorporating these views into law without its ban. For instance, compulsory doctor consultations could be introduced to inform women of all abortion procedures, which may change women's minds about abortion, but keep it an option.

Disingenuous arguments about keeping Polish laws Polish inhibit the liberatory potential of international human rights law. Moreover, there are no reasons to withdraw from international laws protecting women against domestic violence as its aim is one of safety for victims.

Given the history of the Holocaust, Poland ought to want to protect its citizens from violence, abuse and risk to their lives. Therefore, international law does have liberatory potential in areas of law, but this potential is not actualised when it comes to women's rights.

Conclusion-

In conclusion, whilst international law may be universal and ahistorical, it cannot provide a comprehensive solution to human rights problems globally. TWAIL aims to give agency to colonised nations, but this is inappropriate to justify international human rights violations in Poland.

Henceforth, misusing the TWAIL-style argument invokes connotations of colonialism to reject human rights principles that are authentically a part of Polish culture. Ultimately, the Istanbul Convention is of extreme importance in protecting violence against women.

Merely calling on Poland to respect fundamental rights is not enough to actualise liberatory potential, because states themselves must enact these rights. International law does have liberatory potential, but this potential is not actualised for women's rights.

For more information:

Britannica. “Solidarity.” 09/01/2022. https://www.britannica.com/topic/Solidarity. European Union Agency for Fundamental Rights. Challenges facing civil society organisations working on human rights in the EU. Luxembourg: Publications Office of the European Union, 2017.

BBC News. “Poland clarifies abortion law after protests over mother’s death.” 08/11/2021. https://www.bbc.co.uk/news/world-europe-59206683. Edna Friedberg. “The Truth About Poland’s Role in the Holocaust.” The Atlantic. 06/02/2018. https://www.theatlantic.com/international/archive/2018/02/poland-holocaust-death-camps/552455/. Amnesty International. “What is the Universal Declaration of Human Rights?” 21/10/2017. https://www.amnesty.org.uk/universal-declaration-human-rights-UDHR.