On International Women’s Day 2024, March 8th, President Emmanuel Macron achieved a historic moment by signing an amendment that enshrines abortion rights in the French Constitution. This marks a significant milestone as France becomes the first country to explicitly guarantee abortion rights in its national charter. Furthermore, this event also signifies a departure from tradition, as it is the first time during the 5th Republic that the sealing ceremony was conducted publicly, accompanied by a speech from the President. In his address, Macron expressed his desire for the European Union to include the right to abortion in its Charter of Fundamental Rights. He emphasized that this moment does not signal the end of the struggle but rather the beginning of a new chapter in advocating for women's rights1.
Abortion has been legal in France up to the 10th week of pregnancy since 1975, under the Veil Act. Subsequently, amendments to the law extended the period to the 14th week of pregnancy, with the costs of the procedure covered by health insurance2.On March 4th, 2024, the constitutional amendment received resounding approval from deputies, with a vote of 780-72, prompting a standing ovation in the parliament in Versailles upon its announcement (BBC). Consequently, the termination of a pregnancy is now enshrined as a "guaranteed freedom" in Article 34 of the constitution, which stipulates that "the law determines the conditions under which the freedom of women to have recourse to abortion is exercised, a freedom that is guaranteed."The inclusion of the right to abortion in the Constitution bolsters its legal standing, making its repeal more arduous, as it necessitates not just the passage of an ordinary law but a constitutional reform involving a lengthier and more intricate process typical of laws of constitutional rank3.
The constitutionalization of the right to abortion in France signifies a deliberate effort by French lawmakers and government officials to assert their stance, especially in response to recent developments in the United States. Notably, the joint session of Congress held at the historic Château of Versailles marked the conclusion of an amendment process sparked by the US Supreme Court's decision to strip away the constitutional right to abortion in June 2022.
In the Roe v. Wade ruling, the Supreme Court recognized the "due process clause" of the Fourteenth Amendment as conferring a fundamental "right to privacy," safeguarding a woman's autonomy in deciding to terminate her pregnancy. However, this right is not absolute and must be balanced with the government's interest in protecting women's health and the prenatal life of the fetus.
This development has also had numerous consequences on the European landscape. In response, the European Parliament passed a resolution on April 11, 2024, advocating for the inclusion of abortion rights in the Charter of Fundamental Rights of the European Union. However, it is crucial to note that this resolution does not possess legally binding force.The proposal was primarily advocated by members of the Renew political group, the Macronian liberals, along with the Socialists and Democrats, Greens, and the Left. The majority of votes in favor amounted to 336, with 163 opposed and 39 abstentions4.
The focal point of the resolution lies in amending Article 3 of the Charter of Fundamental Rights, by introducing a new paragraph 2a: "Everyone has the right to bodily autonomy, to free, fully informed, and universal access to sexual and reproductive health and rights, and to all related healthcare services, without discrimination, including access to safe and legal abortion".The resolution also includes severe criticisms towards countries with restrictive abortion legislations, notably Poland, and Malta, the sole member state where termination of pregnancy remains prohibited. Both countries are urged to repeal their laws and other measures concerning abortion bans and restrictions.Furthermore, the resolution highlights the situation in Italy, Slovakia, and Romania, where, according to the text, "access to abortion care is eroded" due to widespread conscientious objection among medical professionals, effectively rendering access to abortion care extremely difficult in some regions.
In conclusion, while abortion remains prohibited in many countries worldwide, these restrictions neither deter abortions nor address the underlying healthcare needs of women5.The perpetual jeopardy facing the right to abortion underscores the critical importance of preserving women's freedom of choice and upholding their human rights. The introduction of abortion rights not only promotes the legal protection of women's rights but also sends a resounding social message, sparking public discourse, and solidifying France's pioneering role in acknowledging this fundamental right.
1 France24,n.d., https://www.france24.com/en/live-news/20240308-france-s-macron-to-seal-abortion-becoming- constitutional-right
2 ANSA, s.d., https://www.ansa.it/english/news/politics/2024/03/08/key-story-france-leads-the-way-on-abortion- rights_6c66cafc-a6c8-4ec8-a86e-69ad92b9510e.html
4 L’avvenire, s.d., https://www.avvenire.it/vita/pagine/il-diritto-all-aborto-come-autonomia-del-corpo-da-che-parte- va-l-europa
5 La Repubblica, s.d., https://www.repubblica.it/moda-e- beauty/2024/03/05/news/aborto_francia_nuova_legge_costituzione_interruzione_volontaria_gravidanza- 422254975/
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