French lawmakers gather for a historic vote to make abortion a constitutional right

A bill to enshrine a woman’s right to an abortion in the French Constitution goes to a historic vote on Monday, as lawmakers gather for a joint session of parliament at the Palace of Versailles

ByBARBARA SURK Associated Press and NICOLAS GARRIGA Associated Press
March 4, 2024, 6:11 AM

PARIS -- A bill to enshrine a woman's right to an abortion in the French Constitution goes to a historic vote on Monday, as lawmakers gather for a joint session of parliament at the Palace of Versailles.

The measure was promised by President Emmanuel Macron following a rollback of abortion rights in court rulings in the United States.

Macron’s government wants Article 34 of the French Constitution amended to specify that “the law determines the conditions by which is exercised the freedom of women to have recourse to an abortion, which is guaranteed.”

The lower house of parliament, the National Assembly, overwhelmingly approved the proposal in January. The Senate adopted the bill on Wednesday, clearing a key hurdle for legislation promised by Macron's government, intended to make “a woman’s right to have an abortion irreversible.”

The measure must be approved by a three-fifths majority in the joint session.

None of France’s major political parties represented in parliament has questioned the right to abortion, which was decriminalized in 1975. With both houses of parliament having adopted the bill, Monday's joint session is expected to be largely a formality.

The right to an abortion has broad support among the French public. A recent poll showed support at over 80%, consistent with previous surveys. The same poll also showed that a solid majority of people are in favor of enshrining it in the constitution.

There were scenes of celebrations around France ahead of the historical joint parliament session.

Sarah Durocher, a leader in the Family Planning movement, said Monday's vote is “a victory for feminists and a defeat for the anti-choice activists.”

With the right to an abortion added to the constitution, it will be much harder to prevent women from voluntarily terminating a pregnancy in France, women’s rights and equality activists said.

“We increased the level of protection to this fundamental right,” said Anne-Cécile Mailfert of the Women’s Foundation. “It’s a guarantee for women today and in the future to have the right to abort in France.”

The government argued in its introduction to the bill that the right to abortion is threatened in the United States, where the Supreme Court in 2022 overturned a 50-year-old ruling that used to guarantee it.

“Unfortunately, this event is not isolated: in many countries, even in Europe, there are currents of opinion that seek to hinder at any cost the freedom of women to terminate their pregnancy if they wish,” the introduction to the French legislation says.

Amending the constitution is a laborious process and a rare event in France. Since it was enacted in 1958, the French Constitution was amended 17 times. The last time was in 2008, when parliament was awarded more powers and French citizens were granted the right to bring their grievances to the Constitutional Court.

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Surk reported from Nice, France.