France Makes History by Enshrining Abortion Rights in Constitution
In a groundbreaking move, France has become the first country in the world to explicitly include abortion rights in its constitution. This historic decision comes as a response to the rollback of protections in the United States, where the Supreme Court overturned Roe v. Wade in 2022. French lawmakers gathered at Versailles for a special session to vote on the addition of abortion as a “guaranteed freedom” in the constitution. While the bill requires the approval of three-fifths of lawmakers, the overwhelming support it has received in separate votes from both the lower and upper houses suggests little suspense about the outcome.
The significance of this vote was not lost on women’s rights groups and activists, who gathered at Le Parvis des Droits de l’Homme in central Paris to watch the proceedings live on a giant television screen. Against the backdrop of the iconic Eiffel Tower, Parisians witnessed a montage of women’s rights campaigners from around the world holding signs that declared, “My body is mine” and “My body, my choice.” The atmosphere was electric as Aretha Franklin’s “Respect” blared through the sound system, and passing cars honked their horns in solidarity.
Unlike other countries that have inferred abortion rights from their constitutions, France is explicitly codifying these rights. With abortion legal for any reason up to the 14th week of pregnancy, France is not merely interpreting its constitution but actively changing it. This move is seen as a direct response to the United States’ stance on abortion, with French politicians asserting that abortion is a matter of constitutional relevance and should be a “guaranteed freedom.”
Mary Ruth Ziegler, a law professor at the University of California at Davis and author of “Roe: The History of a National Obsession,” commented on the significance of French politicians taking matters into their own hands. She noted, “It’s interesting to see French politicians saying, ‘We’re going to take the constitution into our own hands and away from the courts, or at least limit how much discretion the courts are going to have in this area.'”
The decision in France has sent ripples of hope to abortion rights movements worldwide. Floriane Volt, a spokesperson for Fondation Des Femmes, expressed her optimism, stating, “In France, it helped us so that French politicians understood what we were saying to them for years and years… we have to fight for abortion rights.” Lola Schulmann, an advocacy officer with Amnesty International in Paris, echoed this sentiment, urging U.S. activists not to give up the fight and emphasizing that what is happening in France is for them and all women fighting for abortion rights globally.
While polls show that a majority of people in both the United States and France support abortion rights, the issue remains more divisive in the United States. This may be attributed to France’s commitment to secularism and its framing of abortion as a public health issue rather than a privacy issue. Changing the U.S. Constitution would be considerably more challenging, requiring a two-thirds majority support in both houses of Congress and ratification by at least 38 state legislatures.
The future of abortion rights in France remains unchanged for now. The constitutional amendment does not alter the current legislation or the status quo. Any changes to abortion regulations would require separate legislation passed by the French National Assembly and the Senate. Stéphanie Hennette-Vauchez, a professor of public law at the University of Paris-Nanterre, emphasized that Parliament would need to legislate in a direction that preserves the idea of a “guaranteed freedom.” However, the interpretation of this guarantee and its implications will be subject to judicial interpretation.
While far-right leader Marine Le Pen dismissed the historic nature of this vote, claiming it was merely a day organized for President Emmanuel Macron’s glory, the significance of France’s decision cannot be understated. By explicitly enshrining abortion rights in its constitution, France has set a precedent for other countries to follow. It is a resounding affirmation of women’s autonomy and a step forward in the global fight for reproductive rights.
