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Abstrakt
At the beginning of September 2017, the President of Poland was asked to change the Family and Guardianship Code. The author of this proposal was Marek Michalak, Polish Ombudsman for Children. On his initiative was launched a project to introduce the possibility of forced treatment of addicted pregnant women. It was necessary to introduce provisions that will consistently protect the rights of the child in the prenatal phase. It was necessary also to introduce the possibility of providing therapeutic support to a woman struggling with addiction. Suggested changes were met with appreciation and criticism. On the one hand it was pointed out that law will protect children from death or probable developmental disorder. On the other hand, however, the prospect has indicated that such solutions are an example of a violation of human rights to privacy. Which approach is right? Does the state have the power to force a person to be treated? Are there no opportunities to intervene against women when their actions might endanger herself or her unborn child? Does the unborn child have a right to health? The proposed article will attempt to answer these questions.