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President Emmanuel Macron has pledged this measure in response to a recent reduction in abortion rights in the United States. On Tuesday evening, the lower house of parliament voted on the bill, with 493 votes in favour and 30 against.
Justice Minister Eric Dupond-Moretti expressed, “Tonight, the National Assembly and the government did not miss their rendezvous with women’s history.”
The government under Macron aims to amend Article 34 of France’s constitution to stipulate that “the law establishes the conditions under which the freedom of women to seek abortion, a right that is guaranteed, is exercised.”
For a constitutional amendment to be ratified, it must pass through both chambers of parliament and subsequently gain approval either through a referendum or a three-fifths majority in a joint session of parliament. Macron’s government is opting for the latter method, although the level of support for the measure in the Senate is less assured compared to the National Assembly.
While none of France’s major political parties represented in parliament is challenging the right to abortion, some members of the conservative majority in the Senate have raised concerns about the wording of the proposal. This criticism introduces an element of uncertainty regarding its passage in the Senate. In the event that the identical version of the bill successfully clears both houses, Macron would convene a special session with all legislators to seek a three-fifths majority vote.
Abortion in France was decriminalized by a 1975 law; however, there is no constitutional provision guaranteeing abortion rights. The government, in introducing the current bill, argued that the right to abortion is under threat, citing the United States where, in 2022, the Supreme Court overturned a 50-year-old ruling that had previously ensured this right.
Regrettably, the government’s statement contends, this event is not an isolated occurrence. It points out that in many countries, even within Europe, there are prevailing sentiments that actively seek to impede the freedom of women to choose abortion. As an example, the legislation highlights the controversial tightening of abortion laws in Poland, sparking protests in the country the previous year. In 2020, the Polish constitutional court ruled against terminating pregnancies in cases of severe fetal deformities, including Down Syndrome.
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