France Makes History With Constitutional Guarantee Of Abortion Rights

France's lower house of parliament has resoundingly approved a groundbreaking measure that aims to inscribe abortion as a "guaranteed freedom" in the nation's constitution. This significant stride towards safeguarding reproductive rights echoes a commitment made by President Emmanuel Macron in the preceding year.

The approval of the bill by the French National Assembly signifies the initiation of a legislative process aimed at constitutionalizing the right to abortion. The proposed amendment to Article 34 of France's constitution explicitly states that "the law determines the conditions by which the freedom of women to have recourse to an abortion is exercised, a freedom that is guaranteed."

The Parliamentary Triumph

In a decisive vote, the National Assembly overwhelmingly supported the inclusion of abortion in the French Constitution, with a remarkable count of 493 in favour and a mere 30 in opposition. Notably, members of President Macron's centrist coalition, along with progressive factions from the left-wing opposition, joined hands in this landmark decision.

Justice Minister Eric Dupond-Moretti lauded the moment, stating, "Tonight, the Assembly didn't miss its rendezvous with the history of women and with history in general." This resounding endorsement reflects not only the acknowledgement of women's rights but also a profound recognition of the broader historical context surrounding the right to choose.

Navigating Resistance in the Senate

However, this monumental decision faces an impending challenge in the upper-house Senate, where conservative Republicans and the far-right National Rally pose significant resistance. The Senate, dominated by centre-right parties, is set to scrutinize the proposal beginning February 28.

The choice of the term "guaranteed freedom" is strategic, representing a delicate balancing act. It attempts to reconcile the lower house's endorsement of the "right" to an abortion and the Senate's inclination towards a more general "freedom" for abortion. This linguistic nuance is critical as changes to the French constitution demand either a referendum or approval by three-fifths of a combined vote from both parliamentary chambers.

Contextualizing the Constitutional Shift

The impetus behind enshrining abortion in the constitution arose in response to the U.S. Supreme Court's 2022 decision, which marked the end of almost half a century of national constitutional protection for abortion rights. France, where abortion has been legal since 1974, sought to fortify this fundamental right within the constitutional framework.

The forthcoming Senate deliberations will unveil the dynamics of the opposition, particularly from centre-right members who argue that abortion is not a constitutional matter and that access to abortion remains secure in France. Striking a balance between acknowledging reproductive rights and respecting constitutional principles poses a formidable challenge in the Senate.

The outcome of the Senate deliberations will not only determine the fate of this groundbreaking measure but also set a precedent for the intersection of reproductive rights and constitutional law.