0. ABSTRACT AND CITATION →
1. INTRODUCTION ↓
2. GENDER, NATIONALISM AND POLITICS OF EXCLUSION ↓
3. NATIONAL "SELF" AND THE "OTHERS" ↓
4. THE POLITICISATION OF SEXED BODIES AND GENDER-BASED VIOLENCE ↓
5. INSTEAD OF CONCLUSION: POLITICS OF DANGER? ↓

Warsaw, Poland, October 23. Leszek Szymanski/EPA-EFE
1. INTRODUCTION ↑

As this piece is being written, thousands of women in Poland are protesting new abortion law – one of the strictest in the EU. The ruling delivered by the Polish Constitutional Court banned all abortions with exceptions for only a few cases. The subjugation of women's rights to the nationalist elites' interests is nothing new in the history; Demographic growth as one of the key national interests, at different times, has been frequently encouraged on a political level. With the rise of nationalism and far-right politics, national "health" becomes to be perceived something that needs to be regulated by the state, since it is seen as "too important" to be controlled by individual women themselves."^[1]

Since the election of right-wing nationalist Law and Justice party (PiS) in 2015, Poland has thought re-patriarchisation of women's reproductive rights and marginalisation of LGBTQ persons. As a result, in contemporary Europe, Poland represents one of the saddest and unfortunate examples showing how far-right nationalism, as a discursive expression of national identity, can influence women's reproductive rights and marginalisation of gender minorities.

During the pandemic, when the state has monopolised the "public health," policies strictly regulating women's reproductive rights may slide through under the pretext of "common good" – demographic growth. Under hysteria of possible demographic decline as a result of the spread of the virus, some governments and ruling elites across the world continue to present fertility as national prosperity. Such claims produce specific patriarchal policies, contributing to patriarchization of body politics.

In some cases, newly induced concerns brought by the pandemic match with long-lasting national anxieties overpopulation decline. Declining birth rates and emigration of native Poles to Western European countries have been a cause of concern in Poland since the early 1990s. In the framework of the National Health Programme, the Polish Health Ministry even released a video showing lifestyle and reproduction of rabbits – encouraging citizens to multiply like rabbits. In 2015, PiS party's elections campaign was centred around Family 500+ program, promising monthly allowance of 500 złory per each second or more child (approximately 135$, with average wage about $900 a month). Generous family benefits are equally exclusive and are given only to "natural families" – a union of a man and a woman, since LGBTQ couples cannot enter into a legal union in Poland. The program has proved successful with PiS winning a decisive victory. Period of economic growth, decreasing unemployment and generous support to the families was one of the reasons that have won numerous supporters to the party. At the same time, PiS' active support to perpetuation of women's roles as caregivers and mothers, provided a fruitful ground for criminalisation of abortion and restriction to the use of contraception. In this nationalist logic, women's reproductive rights got jeopardised by populist claims.

2. GENDER, NATIONALISM AND POLITICS OF EXCLUSION ↑

Since the 1980s feminist scholars started to argue that nationalism cannot be understood without the integration of gender. Some authors emphasised that nation is essentially bound up with national ego, which is intertwined with male and female egos, bringing politics of gender and sexuality in a play."^[2] Syntia Enloe went further and claimed that nation is an inherently male project, that came into being "from masculinised memory, masculinised humiliation and masculinised hope."^[3] Despite the rhetoric of equality for all men and women who take part in "national project," nation remains "like other feminised entities – emphatically, historically and globally – the property of men."^[4] Therefore, internal hierarchies within the nation are justified despite claims of internal unity.

Acceptable gender norms and sexualities are constructed by those who have power, and power is a product of the knowledge."^[5] Since throughout history, men have monopolised political, cultural and social discourses, they also monopolised the control over acceptable forms of behaviour. Importance of women in the national project has always been primarily defined based on their reproductive roles, which includes not only biological but also ideological reproduction – transmission of social and cultural values, determining their role in national struggles. As a result, the language of nationalism became a tool of control and repression of women. Gender minorities were also excluded from the nationalist discourse since the ability to breed the children was considered as a criterion of "masculinity"

Different social roles lead to different experiences of national identities, meaning that identity is a "negotiated experience."^[6] Since men and women are assigned to different socially and culturally accepted roles, their experiences and understanding of national identity vary. At the same time, national identity is not a fixed concept and is continuously re-created and re-negotiated.

Interestingly, in independent Poland's nation-building process, restricting abortion became a symbol of the victory over communism. Thus, discussions over abortion law are further complicated by history. Polish Catholic Church played an important role in the fight against communism, and after the collapse of the Soviet Union, it became one of the key institutions in Poland. Abortion was legalised in 1956 under the Communist regime and was made accessible to women of all ages. Politics of history and memory of the Soviet Union as oppressor and enemy of Poland influenced public debates on abortion, and in 1993 it was made illegal (excluding several cases such as rape and genetic abnormalities). Since then no major party supported liberalisation of abortion laws, and with PiS as the ruling party, there have been discussions about a complete ban.

3. NATIONAL "SELF" AND THE "OTHERS": PRODUCTION AND REPRODUCTION OF VIOLENCE ↑

When discussing nationalism, two contradictory features of national identity come into focus: one that can unite individuals, societies and nations and second, that can differentiate and divide. While nationalism is about a sense of belonging to the same "imagined community,"^[7] at the same time, it is about difference – based on the invocation of the construct of "us" and "them" The Nationalist strive to maintain national purity, rests on preservation of the "self," and "self" can only be preserved if "right kind of men" partner with "right kind of women," and all other combinations outside heteronormativity, race and ethnicity becomes perceived as national threats."^[8] Since otherness is constructed in opposition to the national self, binary opposites of "us" and "them" are used for legitimised marginalisation and inequality between collectives of different identities."^[9] Creation of the discursive field of "otherness" in Polish narratives provides exclusive differentiation between those who respect "traditional" Polish values and those who are practising different – "inferior" values, can it be homosexuality or "unacceptable" traditional gender roles.

The leader of Poland's ruling party, Jarosław Kaczyński, expressed increasing hostility towards the concept of "gender" numerous times, labelling it as "gender ideology." He underlined that LGBTQ issues and women rights activism were "imported," non-polish problems and condemned these "imported ideologies" as "a threat to Polish identity, to our nation, to its existence and thus to the Polish state." Kaczyński described "normal" family as: "one man, one woman, in a stable relationship and their children." He claimed that these "imported ideologies" undermine Christian faith and traditional family values, adding that in Poland, questioning the position of the Catholic Church, is a non-patriotic act. The conservative leader of the Law and Justice Party frequently refers to "polish values system" to justify the abortion ban. As a result of the politicisation of female bodies, Polish women who do not choose to follow traditional family values and women who march against abortion ban and are perceived as harmful "others" – not "real" Poles, who destabilise Poland's demographic prosperity.

With an increasing level of "otherness," the danger of marginalisation also increases, thus, LGBTQ persons, are perceived as even more harmful for society than women who do not behave according to "social norms." In Polish ruling party's nationalist discourse, homosexuality does not fall into the category of "normal" and homosexuals can never be able to have a "traditional polish family." Thus they are presented as threats to the Polish national identity. Gender identities outside of heteronormativity and Polish national identity are portrayed as mutually exclusive; being gay is often seen as incompatible with being a real Pole.

Emphasis on polish values and stigmatising definition of "normality" creates marginalised categories of "others" that contribute to violence against women and LGBT persons. Gender-based violence is also linked to predetermined gender roles; Women and LGBTQ persons are most likely to be the victims of marginalising nationalist policies. This brings us to the point of how the politicisation of family policies influences gender-based violence.

4. THE POLITICISATION OF SEXED BODIES AND GENDER-BASED VIOLENCE – A MISSING LINK? ↑

On the 100th anniversary of granting electoral rights to Polish women, leader of PiS party, declared "we can say that Polish women received full electoral rights with the birth of reborn Poland, so these rights came with the freedom of our homeland. They were one of the first fruits of this won freedom." However, from electoral rights to gender equality, there was a long way to go and in that regard, today's Poland still ranks one of the lowest in Europe. According to the Human Rights Watch's report, under the pretext of protection of "traditional polish family," Polish women are facing restrictive abortion laws, have limited access to sexual and reproductive health and lack support and services in the case of domestic or other gender-related violence.

Gender-based violence is deeply rooted in women's status in society and their predetermined gender roles. According to the European Institute for Gender Equality (EiGE), in 2014, in Poland, nineteen per cent of women experienced physical and/or sexual violence and only twenty-eight per cent reported to the police (2016). Domestic violence is not a specific criminal offence under Polish criminal code (Article 2017) and is only are punishable under other offences, such as mistreating another person mentally and physically. Moreover, In Poland, trust in the police is significantly lower compared to the EU overall. The lack of trust in justice institutions increases the chances of un-disclosed gender-bases violence.

5. INSTEAD OF CONCLUSION: POLITICS OF DANGER? EMERGING NATIONALISM IN POLAND AND BEYOND ↑

Radical right-wing parties are becoming increasingly popular in Europe, each with different exclusionary agendas and each with different attitudes to women's reproductive rights and LGBTQ community. Migration crisis in 2015 further contributed to the revival of nationalism in Europe with its gendered dimension. Nationalist messages are usually appealing to straight men, containing a subtle gendered message, resting on the idea of men as providers of security and safety.

In a number of countries in Europe, in the name of nationalism, intertwined with religion, women's reproductive rights are controlled on the institutional level. In some cases, abortion is almost completely criminalised (Malta, Andorra, San Marino) or is allowed only in certain circumstances (Poland, Liechtenstein, Monaco)."^[10] Under nationalist regimes, women's health becomes secondary to broader national agendas and national "health."

Gender, sexuality and nationalism are all socially and culturally constructed in oppositions, sometimes not necessarily binary. The nation consists of sexed subjects who are part of culturally constructed hierarchies, and these relationships always involve power. By the control over sexuality and reproduction, the authority to define what is right and what is bad for the nation lies mainly within patriarchal notions of nationalism. Since nationalism is about difference, it is equally exclusive where hierarchies are constructed along the lines of gender, class, race or sexuality. The rise of nationalism enhances the politics of exclusion and takes different configurations in different settings. However, the prospects are not that gloomy after all. In April 2020, Northern Ireland, which was only part of the UK were abortion was banned in almost all circumstances, legalised abortion and same-sex marriage after heated discussions. It is interesting to observe how democratic zeitgeist takes European countries to different tracks. Poland's turn to far-right politics is making it increasingly similar to its greatest enemy – Russia, where body politics have been long enshrined in the country's governmentality.

Democratic backsliding in Europe once again hints that "progress" is not always inclusive and linear, and that regression in human rights protection is very much possible. With conservative and patriarchal parties on the rise, it is crucial to re-think the vulnerability of European countries to re-patriarchization of societies and marginalisation of minorities. The current trends illustrate how fragile success can be when reproduction and family planning become politicised in pursuit of national interests. Abortion becoming perceived as a crime against the nation once again proves that gender equality in Europe is far from a finished project.

So, what should the democratic world do? And most importantly, what should Polish women and men do? Maybe the answer is in peaceful resistance – resistance against oppressive politics and discourses. As Foucault once said: "where is the power, there is resistance." Power does not necessarily come top-down, from authoritative institutions, the government or the state, it is dispersed – "comes from everywhere"; Resistance is also a manifestation of a bottom-up flow of power which can undermine, challenge and question the dominant oppressive discourse. Thus, in a long run, by peaceful resistance we can un-silence silenced voices.

^[1] Patrizia Albanese: Abortion & Reproductive Rights under Nationalist Regimes in Twentieth-Century Europe, in: Women's Health and Urban Life: An International and Interdisciplinary Journal vol. 3 no. 1 (2004), 8-33, here 11.

^[2] Otto Bauer: The Nation, in: Gopal Balakrishnan (ed.): Mapping the Nation (London: Verso, 1996 [1924]), 39-77.

^[3] Cynthia Enloe: Bananas, Beaches, and Bases: Making Feminist Sense of International Politics (Berkley: University of California Press, 1989), 44.

^[4] Tamar Mayer (ed.): Gender Ironies of Nationalism: Sexing the Nation (London: Routledge, 2012), 1.

^[5] Michel Foucault: The History of Sexuality Volume 1: An Introduction (London: Allen Lane, 1979 [1976]) and Michel Foucault: The Order of Things: An Archaeology of the Human Sciences (New York: Random House, 1970).

^[6] Etienne Wenger: Communities of practice: Learning, meaning, and identity (Cambridge: Cambridge University Press, 1998), 149.

^[7] Benedict Anderson: Imagined Communities: Reflections of the Origin and Spread of Nationalism (London: Verso, 1991).

^[8] Albanese: Abortion & Reproductive Rights, 11.

^[9]John Powell and Stephen Menendian: The problem of Othering: towards inclusiveness and belonging, in Andrew Grant-Thomas (Ed) Othering and Belonging. Expanding the Circle of Human Concern vol. 1, 14-39.

^[10] Abortion Clinics EU (n.d.): Legal situations in Europe – Abortion Clinics in Europe. [online] Available at: http://abortion-clinics.eu/abortion-europe [Accessed 28 Oct. 2020].