This is a possible world first. National Assembly And Senate will be discussed this winter France inclusion of abortion in the constitution. The Lower House has already unanimously approved (493 votes in favor and 30 against) the fact that a new article was added to Magna Carta in the first place on January 30 “Women’s freedom is guaranteed” to terminate the pregnancy voluntarily. The Upper House plans to vote on the measure on February 28. Considering the participation of the representatives, it is anticipated that this second vote will be decisive. Republicans (LR, affiliated with PP) — the party that is even more reluctant than the far right about this constitutional reform National Regrouping— are in the majority among senators.
The French Constitution needs to be reformed The House and Senate voted on the same version of this amendment. Then, the support of the citizens or two-thirds of the deputies and senators is needed in the referendum. In case of abortion, this review is planned to be carried out in the Congress format (deputies and senators gathering in the same chamber). At Versailles on March 5. Three days before International Women’s Day, France may become the first country in the world to constitutionally recognize the possibility of termination of pregnancy. But this entire process will depend on senators who delayed the first of similar reforms a year ago.
Beyond the complexity of this legal entity, this constitutional reform regarding abortion raises questions even within French feminism. What is its purpose? About a historic feminist advance? Or a A very symbolic decision Is there a risk that concrete improvements (deadlines, medical care…) will be set aside for those seeking abortions?
A “symbolic” advance
The fact that abortion was written into the Magna Carta means that it is part of the French normative pyramid. Changing the constitution is much more complicated than changing the law“, underlines the lawyer Violaine de Filipis-Abate, spokesperson of the Osez le Féminisme! collective, in an interview with El Periódico de Catalunya of the Prensa Ibérica group. This jurist regrets that the reform has finally taken place. Don’t talk about “right” —As in the first version voted on in the National Assembly in November 2022—, but “guaranteed freedom”. A change was made that would please the majority of the Republican right in the Senate. This activist explains: “Recognition of the right to abortion would be much more challenging for the State, which would have to guarantee the means to implement this right. The concept of freedom is less protective.”
“Saying this is essentially a symbolic measure France is not like the USA“Sociologist Laurine Thizy explains. According to the author of Sleisure activitiesIn reaction to the decision taken in June 2022, both the left and parties affiliated with President Emmanuel Macron placed this measure at the center of their agenda. US Supreme Court. This decision allowed at least 14 North American states to make abortion illegal.
Isn’t it a threat?
However, the situation in France has obvious differences compared to the other side of the Atlantic. The majority of French people not only support making abortion legal, but also support giving it constitutional status. 81 percent claim to be in favor According to a recent study by the Ifop institute, this law should be included in the Constitution. Both Le Pen’s and Zemmour’s ultra parties, veil lawHE Abortion was legalized in 1975.
“Voluntary termination of pregnancy Not threatened in France“, To justify his opposition to its being written into the Magna Carta, the president of the Senate, the conservative Gérard Larcher, said: “The Constitution is not a catalog of social and social rights.” “Those who claim that abortion is abortion are not threatened in France, I tell you, We did not write the Constitution yet, but especially for the future“, replied Justice Minister Éric Dupond-Moretti.
“Until a few months ago, the possibility of a setback in France seemed unreasonable to me, but now that I see this, I’m starting to worry more.” Natalist discourses resurface in public debate It is more typical of the late 19th century,” says Thizy, referring to the controversial phrase “demographic rearmament” The phrase Macron used in his January 16 press conference to call for policies that would increase birth rates. The fertility rate in the neighboring country has decreased significantly in the last two years, falling to 1.7; This rate was above the European Union average.
“It should serve to improve the remaining aspects”
According to this expert, “giving this constitutional value should serve to improve remaining issues, such as deadlines or access to clinics to terminate a pregnancy”. “But I’m afraid this symbolic measure serves to legitimize a policy that underinvests in public healthOr it is used as an excuse for “not improving the training of doctors or the training of healthcare workers.” sexuality educationd of adolescents”.
Although this constitutional reform makes it more difficult to make abortion illegal, it will not prevent this right from being undermined by other measures, such as shortening deadlines. Both minors and those over the age of 18 in the neighboring country They can perform abortions up to 14 weeks pregnancy. This is a longer period than Germany (12), but shorter than Spain (22), the Netherlands (22) or the United Kingdom (24). 3,500 to 5,000 French women go abroad every year To terminate your pregnancy. And many go to clinics in Girona or Barcelona.
“For women They live in rural areas, it is much more difficult to terminate a pregnancy More than in big cities,” Thizy recalls about the unequal distribution of public services by region in France. one in five According to last year’s government data, you need to do this in a different province (province) than where you live. According to De Filippis-Abate, this constitutional reform “will not by itself solve certain problems related to access to abortion.”