France makes history as first nation to embed abortion rights in constitution

Legislators from both chambers of the French Parliament overwhelmingly supported the measure of enshrining the abortion rights in the constitution, with a vote of 780 to 72, comfortably surpassing the three-fifths majority required for amending the French constitution.

The decisive vote took place on Monday during a special assembly of lawmakers at the Palace of Versailles, marking the final stage of the legislative process. Earlier in the year, both the French Senate and National Assembly had already given strong approval to the amendment.

The amendment affirms the freedom to abortion in France

The amendment explicitly affirms a “guaranteed freedom” to abortion in France, though some advocacy groups and lawmakers had advocated for more assertive language, specifically designating abortion as a “right.”

This legislative action was praised by lawmakers as a significant moment in France’s history, emphasizing the country’s strong support for reproductive rights. The context included concerns about the threat to abortion rights in the United States and certain European regions, such as Hungary, where far-right parties have gained power.

In a symbolic gesture following the vote, the Eiffel Tower was illuminated with the words “my body my choice.” Prime Minister Gabriel Attal highlighted the lawmakers’ acknowledgment of a “moral debt” to women who, in the past, endured illegal abortions.

Attal stressed, “Above all, we’re conveying a message to all women: your body belongs to you.” President Emmanuel Macron announced plans for a formal ceremony to celebrate the amendment’s passage on Friday, coinciding with International Women’s Rights Day.

There is widespread support for abortion in France

Abortion was initially legalized in France in 1975 following an advocacy campaign led by then-Health Minister Simone Veil, a survivor of Auschwitz who later became a prominent feminist figure in the country.

In contrast to the highly divisive nature of the abortion debate in U.S. politics, where party lines often dictate positions, France generally exhibits widespread support for abortion. Many legislators opposing the amendment were not necessarily against abortion but deemed the measure unnecessary given the broad backing for reproductive rights.

The successful passage of the amendment stands as a significant triumph for the French left, which had long advocated for constitutional guarantees of abortion rights. Until 2022, President Emmanuel Macron’s administration, echoing the sentiments of current amendment opponents, argued against the need for such a move.

The US Supreme Court decision in 2022 served as a catalyst for France

However, the US Supreme Court’s 2022 decision against Roe v. Wade, allowing states to independently decide on abortion issues, compelled France to take action. Justice Minister Eric Dupond-Moretti, prior to the National Assembly debate in January, underlined that history demonstrated how “fundamental rights” could be perceived as secure and then revoked, citing the recent US Supreme Court decision as a stark reminder.

The vote, constituting the 25th amendment to the French constitution since the establishment of the Fifth Republic in 1958, witnessed opposition primarily from the Catholic Church. The Pontifical Academy for Life, a Vatican body specializing in bioethics, asserted that in the age of universal human rights, there could be no inherent “right” to take human life. A conference of French bishops reiterated the church’s stance against abortion ahead of the vote on Thursday.