Pro-Choice, Always: France Enshrines Right to Abortion in Constitution
On the 4th of March 2024, France officially announced an overwhelmingly positive vote for the enshrinement of abortion with the Constitution - marking international history as the first country to take such a bold step. Bold because, out of the 195 recognised countries, only 77 allow abortion at request; often, at no affordable cost and with gestational limits. Even more so because in the ‘most’ liberal democracies of the world, such as Switzerland or Denmark, abortion remains a highly taboo, debated subject.
Historically, the women of France have refused to stay silent on abortion, and further combatted stereotypes about the ‘promiscuity’ of women who have had abortions. In 1975, hundreds of famous women, among them mostly actors and writers, revealed they had abortions in the publication of “le manifeste de 343 salopes” - ‘salopes’, an ironic jab to misogyny at the time, directly translates to ‘sluts’. France, left in shock, passed the Loi Veil that same year, granting women across France the right to an abortion for a period of five years before the end of the 10th week of pregnancy. Liberal for its time, France was the 10th country to legalize abortion, but one of the only ones to do so voluntarily, without proof of life threat or rape. Today, la Loi Veil guarantees women free, voluntary access to abortion, for up to 14 weeks of pregnancy. Additionally, minors need to be accompanied by an adult of their choice, and do not need parental consent. To understand France’s decision to preserve the Loi Veil in its constitution entails recognizing that the right has long been ingrained in French perception of women's rights, specifically the right to bodily autonomy. With 50 abstentions, 72 votes against, and 780 votes in favour of the enshrinement of abortion in the constitution, deputies and senators alike displayed a clear loyalty to these French values.
The constitutional law modifies article 34, which details the rights guaranteed to French citizens, stating the conditions for the “guaranteed liberty to women of voluntary abortion.” By embedding the right to abortion in the constitution, France takes a significant step towards ensuring the full protection of women both now and in the future. If ever France experiences a shift in government, or the domestic policy goals for France fluctuate from the current norm, the abolishment of abortion would have to be legally challenged: approved by at least ⅗ of the members of parliament.
Additionally, the president of France, Macron, expresses a hope to “inscribe the right to abortion en the fundamental rights of the European Union”, where “nothing is acquired and everything is to be defended.” Macron’s argument that abortion ‘defends’ and protects women stems from the fact that before the right to a choice, thousands of women in France underwent abortions, against the law, putting their physical health and even their lives at risk. Despite illegality, women continued to find the means to have abortions. Further, women were, and continue to be, the reproductive future of France and a guarantee that the French nationality will live on for generations to come. Every year, 47 000 women globally die from unsafe, illegal abortions. Strategically, preventing women from abortion not only guarantees a French future, but also allows women the choice.
The proposal, brought before parliament in October 2022, comes in the wake of the United States' reversal of Roe v. Wade, an intriguing point of comparison. The court case of 1973 argued that women possessed the right to abortion based on an ‘implied’ right to privacy within the United States Constitution, extending to both within the home and beyond. Consequently, Roe v. Wade was overturned on the United States constitution makes no such implication. The conclusion pushed France to secure the right to abortion for women by explicitly outlining the right in Article 34. The perception of the United States as the pillar of democracy and personal liberties tarnishes, as France takes the first step towards protecting the liberty of women to choose.
France has been applauded for their decision on abortion by citizens and citizens of the world alike. However, the constitutionalisation of abortion guarantees the decriminalisation of the procedure, not access to it. In France, access remains inequitable: the identity of a woman, particularly women of a lower social class and outside of prominent locations, struggle to find proper medical buildings that perform abortions. In fact, 37.6 % of recorded abortions in France occur outside of medical establishments. Additionally, women lack choice in the method of abortion. A medical abortion occurs when drugs are used to bring about an abortion. The other method, instrumental abortion, involves a quick intervention, but can often feel invasive - especially for victims of sexual assault. Further, French activists demand that the modification should be more inclusive, extending to transgender men and nonbinary peoples, as the current law states a guarantee to strictly women.
France’s historic decision to enshrine abortion rights in its constitution represents a triumph for reproductive justice and human rights. However, the fight for fully inclusive, accessible reproductive healthcare, including the purchase of contraceptive methods, wages on. Nevertheless, France, and the activists behind the long history of abortion in the state, set a pivotal example for other countries to consider following suit.
Image courtesy of Ittmust via Flickr, ©2020. Some rights reserved.
The views and opinions expressed in this article are those of the author and do not necessarily reflect those of the wider St. Andrews Foreign Affairs Review team.
