In a momentous decision on March 4, France became the first country in the world to enshrine abortion as a constitutional right. Article 34 of the French Constitution declares that "the law determines the conditions in which a woman has the guaranteed freedom to have recourse to an abortion." The move was resoundingly backed by Members of the French Parliament and Senators in the Versailles Palace, as it was passed by 780 votes against 72 in a special joint by the Upper and Lower houses. As cheers from reproductive rights activists echoed across the country, Prime Minister Gabriel Attal told lawmakers, "We're sending a message to all women: your body belongs to you and no one can decide for you."
While abortion has been legal in France since 1974, recent global developments have spurred the push to solidify and safeguard this right in the nation's legal framework. Concerns about the erosion of abortion rights in allied nations such as the United States and Poland have added urgency to the efforts to enshrine these rights more robustly in France.
France Enshrines Abortion As Constitutional Right
On March 4, France became the world's first country to recognise abortion as a constitutional right. The move to enshrine abortion rights in the constitution was proposed by President Emmanuel Macron, who called for a special joint vote involving both houses in the suburban setting of Versailles, away from Paris. The move was called to prevent following in the steps of the United States, which recently rolled back abortion rights.
Justice Minister Éric Dupond-Moretti hailed the decision as a "historic day" for France, heralding the nation as becoming the first in the world to protect women's freedom to decide about their bodies constitutionally. The move reflects a progressive stance on women's reproductive rights and affirms France's commitment to securing these rights at a foundational level.
Public sentiment strongly supported the constitutional amendment, as indicated by an Ifop opinion poll in November 2022, where 86% of respondents supported the proposed change. Importantly, all major political parties in France endorsed the right to abortion, even though the language in the amendment underwent revisions following the National Assembly vote in 2022.
The evolution of language in the constitutional amendment is noteworthy. Initially endorsing the "right" to abortion, the National Assembly later shifted to championing the "freedom" to have an abortion. This change, emphasising the "guaranteed freedom" of women, received approval from the Senate, underscoring a commitment to making women's freedom to choose termination "irreversible."
Debates and Pressures: Conservative Senators Face Dilemma
The historic vote was not without its share of debate and pressure. Some conservative senators admitted feeling pressured to support the amendment. One senator, who chose to remain anonymous, expressed a personal dilemma, stating, "If I vote against it, my daughters will no longer come for Christmas."
Global Context: France's Move Amid Abortion Debates in the US and Poland
The backdrop of global abortion debates, particularly in the US and Poland, adds significance to France's constitutional move. In the US, ongoing disputes over abortion rights intensified after a Supreme Court decision in June 2022, leading to restrictive measures in multiple states. Meanwhile, Poland imposed a near-total ban on abortion in 2020, allowing it only in specific circumstances.
France's decisive steps towards enshrining women's abortion rights in the constitution mark a pivotal moment in the global discourse on reproductive rights. The nation's commitment to protecting women's freedom to choose reflects a progressive stance, offering hope for reproductive rights advocates and government bodies worldwide.
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