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?
The story so far:
In a global first, 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, final approval by parliamentarians at a joint session was needed to effect 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 modified 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 fiveyear terms in office.
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 firstofitskind precedent?
France is the only country to currently have such a specification 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 specific 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 figures, 2,34,000 abortions were carried out in France in 2022.
The right to abortion has not faced any significant 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 first 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 effort by French President Emmanuel Macron to appeal to leftleaning figures 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 efforts 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 Offences 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 difficult.
The French initiative could, however, embolden efforts 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 specific 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.