France has become the first country in the world to enshrine abortion rights in its constitution. On March 4, 2024, French lawmakers voted overwhelmingly to amend the constitution to explicitly state that women have the freedom to terminate a pregnancy.
This move aims to cement abortion access in France and protect it from potential future threats. Furthermore, as other European nations look to follow suit, France is establishing itself as a leader on women’s reproductive rights.
Most European nations have legalised abortion and are progressively expanding access, with a few exceptions. From Portugal to Russia, almost 40 European nations offer abortion services, while maximum gestational age rules vary. Poland is among the few countries that bans or restricts abortion.
Since most French people support abortion, this may not be an issue. Mathilde Philip-Gay, a law professor and expert in French and American constitutional law, cautioned that these same people may elect a far-right administration and that US events may affect Europe. The constitution’s inscription makes it “harder to challenge these rights” for future French citizens.
Guaranteeing Abortion Rights
As the vote took place at the historic Palace of Versailles, Prime Minister Gabriel Attal emphasized that “we have a moral debt to women.” Moreover, he stressed that “it takes one generation, one year, one week for things to change drastically.”
(Politico) Clearly, the government was referencing the recent rollback of abortion rights in the United States. Indeed, the U.S. Supreme Court’s overturning of Roe v. Wade in 2022 prompted the constitutional amendment in France.
Now, with abortion explicitly protected under Article 34 of the French constitution, it will be far more difficult for opponents to challenge or restrict access to the procedure. The bill passed easily, with 780 votes in favor and only 72 against.
Support crossed party lines, demonstrating how widely accepted abortion rights are in France. Some argue this level of constitutional protection will help solidify similar rights across Europe. Overall, France has positioned itself as a global leader committed to defending women’s reproductive freedom.
A shift in political dominance in legislatures may easily strip people of their rights, according to proponents of France’s move, even though the country’s laws have been settled for decades and have the support of the majority of the public.
Prime Minister Gabriel Attal warned on Monday, just before the vote, that the fate of abortion rights is in the hands of the decision-makers.
On Friday, International Women’s Day, Macron will host a public event to commemorate the vote and express his gratitude for the vote. He made the announcement in an X post.
In 1975, the late Simone Veil—a former health minister, survivor of the Holocaust, and champion of women’s rights—led the charge to decriminalise abortion in France.
Divisions in Other European Nations
While many European countries have legalized abortion to varying degrees, the issue remains divisive in certain nations. For instance, Poland bans the procedure except in cases of rape, incest or threat to the mother’s life or health.
Meanwhile, Malta only eased its total ban in 2022 to allow abortion if the mother’s life is endangered. However, Britain is now debating removing criminal charges associated with later abortions. And Croatia saw protests after denying a woman’s abortion despite fetal abnormalities.
Ultimately, European public opinion tends to favor abortion access, yet conservative governments and religious influence still curtail rights in some places. By guaranteeing protection, France sets a compelling precedent that could inspire expanded access throughout the continent.
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Conclusion
Through enshrining abortion as a constitutional right, France has taken a definitive stance asserting that women must freely decide whether to continue or terminate a pregnancy. This milestone vote signals the country’s unwavering commitment to reproductive autonomy and equality.
At the same time, it sends a message condemning recent rollbacks seen in America. Now, as other nations explore boosting abortion rights, France’s example stands as a beacon of progress safeguarding women’s health, lives and futures for generations to come.
The government said in its bill that the right to abortion is under threat in the US, where the Supreme Court reversed a 50-year-old ruling in 2022.
“Regrettably, this event is not isolated: in many countries, even in Europe, there are currents of opinion that seek to hinder at any cost the freedom of women to terminate their pregnancy if they wish,” says the French law’s introduction.
In reaction to the U.S. Supreme Court’s decriminalisation of abortion, the subject has returned to public attention in France during political uncertainty.
Law professor Mathilde Philip-Gay, an expert in French and American constitutional law, advised against lessening parliamentarians’ obligation to promote women’s rights as far-right groups climb to prominence and take over governments worldwide.
