France Approves Historic Bill to Enshrine Abortion Rights in Constitution
In a groundbreaking move, French lawmakers have overwhelmingly approved a bill to enshrine abortion rights in the country’s constitution. This historic decision makes France the only country to explicitly guarantee a woman’s right to voluntarily terminate a pregnancy. The proposal was put forth by President Emmanuel Macron as a means to prevent the erosion of abortion rights witnessed in the United States in recent years. The vote, which took place during a special joint session of parliament at the Palace of Versailles, was met with a long standing ovation among lawmakers.
Abortion has enjoyed widespread support in France across the political spectrum and has been legal since 1975. The measure to amend Article 34 of the French Constitution, which specifies that “the law determines the conditions by which is exercised the freedom of women to have recourse to an abortion, which is guaranteed,” had already been separately adopted by both houses of parliament, the National Assembly and the Senate.
The French measure is seen as a significant step forward in guaranteeing abortion rights compared to the former Yugoslavia, whose 1974 constitution stated that “a person is free to decide on having children.” While all successor states of Yugoslavia have adopted similar measures in their constitutions to legally enable women to have an abortion, they do not explicitly guarantee it.
French Prime Minister Gabriel Attal addressed the lawmakers gathered for the joint session, urging them to make France a leader in women’s rights and set an example for countries around the world. He paid tribute to Simone Veil, a prominent legislator and key feminist who championed the bill that decriminalized abortion in France in 1975. Attal called on the lawmakers to “make Simone Veil proud,” receiving a standing ovation.
Notably, none of France’s major political parties have questioned the right to abortion, including Marine Le Pen’s far-right National Rally party and the conservative Republicans. A recent poll showed that over 80% of the French public supports abortion rights, with a solid majority in favor of enshrining it in the constitution.
The decision by the U.S. Supreme Court to overturn a 50-year-old ruling that guaranteed the right to abortion has had far-reaching implications across Europe. It has forced the issue back into public debate in France, particularly as far-right parties gain political influence. Mathilde Philip-Gay, a law professor specializing in French and American constitutional law, warned against complacency, stating that while a majority of people in France support abortion, they may one day vote for a far-right government that seeks to curtail women’s rights.
By inscribing abortion into the French Constitution, it will become more challenging for future opponents of abortion rights to challenge them. However, it does not guarantee that challenges will not arise in the long run. The process of amending the constitution is laborious and rare in France, with only 17 amendments since its enactment in 1958. The last amendment occurred in 2008, granting more powers to parliament and allowing French citizens to bring their grievances to the Constitutional Court.
The approval of this bill is a significant victory for feminists and women’s rights activists in France. It provides increased protection for the fundamental right to abortion and ensures that women today and in the future will have the right to abort in France. With the threat to abortion rights seen in other countries, including the United States, the French government recognizes the importance of safeguarding these rights and setting an example for the rest of the world.
As celebrations erupted across France even before the parliamentary session began, Sarah Durocher, a leader in the Family Planning movement, hailed the vote as “a victory for feminists and a defeat for anti-choice activists.” The right to an abortion being added to the constitution will make it significantly harder to prevent women from voluntarily terminating pregnancies in France.
The fight for women’s rights and equality continues, and this historic decision marks a significant milestone in France’s commitment to protecting reproductive rights. By explicitly guaranteeing a woman’s right to choose, France sets an example for other nations to follow. The government’s recognition of the threats to abortion rights worldwide emphasizes the need to remain vigilant and steadfast in the face of potential challenges. As Yael Braun-Pivet, the first female president of the French parliament, aptly stated, “It only takes a moment for everything we thought that we have achieved to fade away.”