The right to voluntary termination of pregnancy (abortion) is a hot topic in France. Indeed, President Emmanuel Macron recently announced that a bill aimed at including abortion in the Constitution would be presented to the Council of Ministers by the end of the year. This initiative aims to guarantee the freedom of women to choose to terminate their pregnancies and to protect this right against any attempt at suppression or serious harm.
This decision follows the annulment a year and a half ago of the ruling guaranteeing the United States the right to abortion throughout the country, which raised concerns about the sustainability of this right in France. By including abortion in the Constitution, the legislator would make this right more solid and difficult to question.
The inclusion of abortion in the Constitution, however, requires a three-fifths majority of both houses of Parliament meeting in Congress. This represents a challenge, particularly because of the mobilizations of anti-abortion movements who could oppose this measure.
It should also be remembered that the right to abortion is currently recognized in France by ordinary law. Enshrinement in the Constitution would provide stronger protection and official recognition of this fundamental right.
This constitutional bill follows a bill adopted at first reading in the National Assembly in November 2022, guaranteeing the “right to voluntary termination of pregnancy”. The Senate also approved this proposal in February, although the term “women’s freedom” was preferred to “rights”. The text should now be the subject of a parliamentary shuttle to be adopted in its final version.
In conclusion, the inclusion of abortion in the Constitution constitutes a major step forward for the protection and sustainability of this fundamental right in France. This measure aims to guarantee the freedom of women to choose to terminate their pregnancies, while making any attempt to suppress or seriously undermine this right more difficult. It now remains to obtain a three-fifths majority of the two houses of Parliament meeting in Congress for this measure to be effectively enshrined in the Constitution.