Earlier this week, France’s parliament voted to include the right to abortion in the Constitution of France. The draft law, first registered in December 2023, was adopted by lawmakers with amendments, marking the first occasion in history where the right to abortion has been codified into a nation’s constitution. [Parliamentary vote] [Constitution of France] [Draft law]
Article 34 of the constitutional amendment permits the voluntary termination of pregnancy, establishing the conditions under which this freedom may be exercised. The amendment not only legalizes abortion but places its guarantee within the remit of the constitution itself.
The law required three-fifths of both the National Assembly and the Senate, amounting to a total of 512 votes, in order to be passed. It was approved with a vote of 780-72, with the National Assembly, France’s lower house, giving its approval in January with a vote of 493-30. [National Assembly approval]
The decision was informed by a US Supreme Court decision from June 2022 that overturned the landmark case of Roe v. Wade. The legislators behind the French draft law acknowledged that even firmly established rights and freedoms can be endangered. Therefore, while the right to abortion is not challenged in France, it is protected from future threats by this addition to the constitution. [US Supreme Court decision]
This move aligns with international law, where the right to abortion has been recognized by several international bodies, including the UN, which highlights that access to abortion is “part of State obligations to eliminate discrimination against women and to ensure women’s right to health.” [UN statement]
Reactions to the decision have been varied. Women’s rights groups have welcomed the move, with La Fondation des Femmes and the International Planned Parenthood Federation (IPPF) European Network expressing their approval publicly. However, anti-abortion groups and some political figures, such as Marine Le Pen, have criticized the decision. [La Fondation des Femmes] [IPPF European Network] [National Association of Catholic Families] [Marine Le Pen]
Only time will tell if this constitutional amendment will spark similar changes in other nations. For now, France stands as the first nation to enshrine the right to abortion directly into its constitution. [JURIST]