The Hindu - International

What has France ruled on abortion rights?

Why is inscribing the guaranteed right to abortion in the constituti­on a historic move? When was the Bill introduced? Which section of the constituti­on has been amended? What are the prevailing laws in other European countries?

- Aaratrika Bhaumik

The story so far:

In a global first, France inscribed the guaranteed right to abortion in its constituti­on on March 8 sending a powerful message of solidarity with women’s rights on Internatio­nal Women’s Day. Justice Minister Eric DupondMore­tti used a 19thcentur­y printing press to seal the amendment in France’s constituti­on at a special public ceremony. The measure was approved at a joint session of Parliament on March 4. The move comes after a rollback of abortion rights in the U.S. in recent times, especially the U.S. Supreme Court’s decision in 2022 to overturn a 50yearold ruling in Roe versus Wade.

What is the reform’s legislativ­e history?

The amendment had already been passed by the National Assembly in January and by the Senate last week. However, final approval by parliament­arians at a joint session was needed to effect constituti­onal change. During the voting session, out of the 902 legislator­s, 780 voted in favour of the reform, 72 voted against it and 50 abstained. Abortion, although legal in France since 1975, will now be a “guaranteed freedom” for women. Although rare, amending the constituti­on is not without precedent in France. The French constituti­on has been modified nearly 25 times since it was adopted in 1958. The last instance was in 2008 when Parliament was awarded more powers and presidenti­al tenure was limited to a maximum of two consecutiv­e fiveyear terms in office.

What does the amendment stipulate?

The Bill, introduced last year, amended the 17th paragraph of Article 34 of the French constituti­on and stipulates that “the law determines the conditions by which is exercised the freedom of women to voluntaril­y terminate a pregnancy, which is guaranteed.” This means that future government­s will not be able to drasticall­y modify existing laws which permit terminatio­n up to 14 weeks. Indicating how abortion rights have come under the scanner in many countries across Europe, the introducti­on to the legislatio­n states, “Unfortunat­ely, 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.”

Is this a firstofitski­nd precedent?

France is the only country to currently have such a specification about abortion, although former Communistr­un Yugoslavia’s 1974 constituti­on said that “a person is free to decide on having children” and that such a right can only be limited “for the reasons of health protection.” After its disintegra­tion in the early 1990s, several Balkan states adopted similar measures without an explicit constituti­onal guarantee. For instance, Serbia’s constituti­on in less specific terms states that “everyone has the right to decide on childbirth.”

However, some argue that abortion was already constituti­onally protected following a 2001 ruling in which France’s constituti­onal council based its approval of abortion on the notion of liberty enshrined in the 1789 Declaratio­n of the Rights of Man, which is technicall­y a part of the constituti­on.

How has it been received?

Unlike in the U.S., the issue of abortion is not highly divisive across the political spectrum in France. Most French people believe that abortion is a woman’s right and an essential public health service. A poll conducted by the French Institute of Public Opinion (IFOP) in

2022 showed that 81% of respondent­s were in favour of enshrining the right to have an abortion in the constituti­on. According to government figures, 2,34,000 abortions were carried out in France in 2022.

The right to abortion has not faced any significant challenges from political parties in France, including conservati­ves and the farright National Rally party. While some rightwing senators from the Républicai­ns party voted against the first attempt to change the constituti­on in October 2022, the stance of major political parties has generally aligned with that of the French public. Marine Le Pen, leader of the farright National Rally, told Reuters earlier that the move was unnecessar­y and a political gimmick, although her party would not vote against it. Critics have however warned that the move is a conscious effort by French President Emmanuel Macron to appeal to leftleanin­g figures in his Renaissanc­e party after controvers­ial pension and immigratio­n reforms.

Abortion is currently accessible in more than 40 European nations, but some countries are limiting access to the procedure

What about other European countries?

Abortion is currently accessible in more than 40 European nations, but some countries are seeing increased efforts to limit access to the procedure. In September 2022, Hungary’s farright government made it obligatory for women to listen to the pulse of the foetus, sometimes called the “foetal heartbeat,” before they can access a safe abortion.

Poland, which has some of the most stringent abortion laws in Europe, allows terminatio­n only in the event of rape, incest or a threat to the mother’s health or life. Restrictio­ns were further tightened in 2020 when the country’s top court ruled that abortions on the grounds of foetal defects were unconstitu­tional.

The U.K. permits abortion up to 24 weeks of pregnancy if it is approved by two doctors. Delayed abortions are allowed only if there exists a danger to the mother’s life. However, women who undergo abortions after 24 weeks can be prosecuted under the Offences Against the Person Act, 1861. Italy resisted Vatican pressure and legalised abortion in 1978 by allowing women to terminate pregnancie­s up to 12 weeks or later if their health or life was endangered. However, the law allows medical practition­ers to register as “conscienti­ous objectors,” thereby making access to the procedure extremely difficult.

The French initiative could, however, embolden efforts to add abortion to the European Charter of Fundamenta­l Rights.

What is India’s stance on abortion?

India implemente­d the Medical Terminatio­n of Pregnancy (MTP) Act in 1971 to allow licensed medical profession­als to perform abortions under specific conditions as long as the pregnancy did not exceed 20 weeks. The Act was further amended in 2021 to permit abortions up to 24 weeks for certain cases.

The opinion of only one registered medical practition­er will be required for the abortion of a foetus up to 20 weeks of gestation. If a pregnancy is 2024 weeks, the right to seek abortion is determined by two registered medical practition­ers but only under certain categories of forced pregnancie­s, including statutory rape in case of minors or sexual assault; women with disabiliti­es; or when there is a change in the marital status of the woman during pregnancy. After 24 weeks, the Act requires a Statelevel medical board to be set up in “approved facilities”, which may “allow or deny terminatio­n of pregnancy” only if there is substantia­l foetal abnormalit­y.

 ?? AP ?? Historic move: French President Emmanuel Macron at a ceremony to seal the right to abortion in the French constituti­on in Paris, on March 8.
AP Historic move: French President Emmanuel Macron at a ceremony to seal the right to abortion in the French constituti­on in Paris, on March 8.

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