France faces a pivotal debate about embedding abortion rights into its Constitution. This week the government is expected to submit a bill to the Conseil d’État that would grant constitutional value to the voluntary termination of pregnancy, a procedure that has been legally recognized since 1974 in neighboring jurisdictions. The initiative follows a year of back-and-forth behavior in Parliament, with a bill aimed at the same objective having previously passed in the National Assembly. The executive branch is pushing the proposal with an eye toward harmonizing the text in both the Lower House and the Senate.
In France, constitutional reform can be pursued either through a referendum or by achieving identical texts in both the Assembly and the Senate with the same outcome. A unified vote by 60 percent of MPs and senators is often the preferred path. President Emmanuel Macron appears inclined toward the latter approach, signaling on social media that in 2024 the freedom to access abortion would become irrevocable in law.
The draft constitution, shaped by lawmakers and advocacy groups, will be examined by the Conseil d’État this week and then presented to the Council of Ministers by year’s end.
In 2023, calls for ensuring reproductive autonomy were amplified by public statements from political leaders. The administration continues to emphasize that ensuring access to abortion is a matter of sustained constitutional protection rather than episodic policy shifts.
Obstacle before the Senate
After the National Assembly approved a measure in late 2022 to enshrine abortion rights in the Magna Carta, the Senate moved earlier this year but introduced wording that shifted from a simple right to a broader notion of freedom for women to choose abortion. Securing 60 percent support from MPs and senators in a single formulation remains a challenge, given the current composition of the Senate where some conservatives hold sway while others are more permissive regarding reproductive rights.
One proposal under consideration is language that would read: “The law defines the conditions under which a woman’s guaranteed freedom to terminate her pregnancy can be exercised.” This would reflect a compromise between versions advanced in the two chambers.
Threat from the far right
Advocates argue that constitutional protection for abortion is essential to prevent future reversals should political tides shift. A prominent feminist voice cited concerns that, in times of conservative power, abortion rights could come under threat, noting that some countries have seen such patterns. The emphasis remains on preserving a durable, legally protected right rather than leaving it to fluctuating political majorities.
Beyond symbolic significance, constitutional protection seeks to ensure uninterrupted access to abortion and resist any potential rollback by future administrations. In the current French context, major figures across the political spectrum have defended the right under existing law, which currently allows the procedure with certain conditions. If the reform succeeds, France would be among the few nations aiming to constitutionally safeguard abortion rights as a foundational principle, setting a precedent for permanence in law.