France makes abortion a constitutional right in historic vote
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France has made history by becoming the first European Union country to enshrine abortion as a constitutional right. This landmark decision comes after decades of legal abortion in the country, with the procedure being legalized in 1975. The move to include abortion as a constitutional right was prompted by the US Supreme Court’s overturning of the long-standing case of Roe vs Wade in 2022, which reignited the debate around reproductive rights globally.
French President Emmanuel Macron expressed his support for the inclusion of abortion as a constitutional right, stating that it was essential to send a universal message of solidarity to all women whose freedom is being flouted. The legislation went through the lower house and then on to the senate before both houses met in a special congress for a final vote. The bill passed overwhelmingly by 780-72, prompting a standing ovation during the signing at the Palace of Versailles.
The new constitutional amendment guarantees the freedom of a woman to have recourse to a voluntary interruption of pregnancy. This wording is a compromise between earlier bills, with one referring to abortion as a guaranteed right and the other as a freedom. While the left and centre parties supported the amendment, some right-wing politicians expressed concerns, arguing that the law was unnecessary as abortion rights were not under threat in France.
Senator Agnès Canayer, representing the right-wing Les Républicains party, stated, “It’s not a debate for or against abortion. It’s a debate about the benefits of enshrining in the constitution this freedom for women.” She further added, “My party believes this will not guarantee effective access to abortion.”
The inclusion of abortion as a constitutional right has been hailed as a significant step forward for reproductive rights in France. Danielle Gaudry, a gynecologist and member of the advocacy group Abortion Europe: Women Decide, described terminations as a fundamental right and emphasized that it sends a strong signal to other European countries and beyond.
Despite the legalization of abortion in France since 1975, there have been challenges in access to services. Estimates suggest that 130 abortion centers have closed in the past 15 years, leading to varying waiting times for the procedure ranging from three to 11 days depending on location. Gaudry highlighted the difficulties faced by women who have to travel long distances for abortions, stating, “A woman who has to go 80km (50 miles) away from her home at least two to three times for an abortion, it’s complicated for them.”
Abortion rights groups are also calling for an end to the abortion-specific “conscience clause,” which allows health professionals to refuse treatment. According to a poll conducted in 2022, 81% of people in France were in favor of making abortion a constitutional right. In France, terminations are allowed up to 14 weeks into pregnancy at no cost to the patient.
The decision to enshrine abortion as a constitutional right in France marks a significant milestone in the fight for reproductive rights. It sets a precedent for other countries to follow suit and ensures that women have the autonomy to make decisions about their bodies and their futures. The inclusion of abortion as a constitutional right is a step towards achieving gender equality and ensuring that women have access to safe and legal reproductive healthcare.
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