29 October 2023

Macron vows to enshrine rights to abortion in constitution by next year

29 October 2023

President Emmanuel Macron has vowed to enshrine a woman’s right to an abortion in the French constitution by next year.

He said on X, formerly Twitter, that a Bill making the move possible will be presented to his cabinet by the end of this year so that in 2024, “the freedom of women to have an abortion will be irreversible”.

Abortion in France was decriminalised under a 1975 law, but there is nothing in the constitution that guarantees abortion rights.

It was the rollback of abortion rights in the US after the Supreme Court overturned a 50-year-old ruling last year and stripped women’s constitutional protections for abortion that propelled France on a path towards unconditionally guaranteeing such rights.

Honouring feminist Gisele Halimi in March, Mr Macron said he wanted to change the constitution in order “to enshrine the freedom of women to have an abortion, to solemnly ensure that nothing can stop or undo what will be irreversible”.

This is a victory for all women and a strong symbol sent to other countries of the world where our rights are losing ground

Amending the constitution is a laborious process, but the government came up with a shortcut to avoid a referendum on the question.

By presenting its own Bill, rather than one originating among politicians, Mr Macron can convene a special “congress” of both houses that must adopt the amendment by a three-fifths majority, something that appears doable. Such congresses meet at the Palace of Versailles.

The text of the Bill to reconcile all sides has been in the works for months. The president said it will this week be sent to the Council of State, France’s highest administrative body, a necessary step. It will then be presented to the cabinet by the end of the year.

Mr Macron’s office said Article 34 of the constitution will be amended to include that “the law determines the conditions by which is exercised the freedom of women to have recourse to an abortion, which is guaranteed”.

Anticipating the end of the process, the minister for equality for women and men, Berangere Couillard, said on X: “This is a victory for all women and a strong symbol sent to other countries of the world where our rights are losing ground.”

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