France is poised to codify abortion as a constitutional right in a joint session of parliament next week, following a favorable vote by the senate on Wednesday night. This move would establish in the French constitution the “guaranteed freedom” of women to choose abortion.
The decision comes amid concerns over threats to abortion rights in the US and other European countries.
French officials, including government ministers and senators, have argued that providing full constitutional protection for the right to abortion is imperative given recent developments in the US and Europe.
The overturning of a longstanding US Supreme Court ruling in 2022, which previously safeguarded abortion rights, has heightened concerns about potential rollbacks or restrictions on abortion access across Europe.
After extensive debate in the senate, French Prime Minister Gabriel Attal emphasized the country’s commitment to defending women’s rights on a global scale. Justice Minister Éric Dupond-Moretti hailed the vote as historic, underscoring France’s dedication to upholding the freedom of women.
Senator Mélanie Vogel, a vocal advocate for the constitutional change, hailed the decision as a momentous feminist victory. None of France’s major political parties have questioned the right to abortion, which was decriminalized in 1975.
French President Emmanuel Macron has scheduled a special joint session of parliament on Monday to finalize the constitutional amendment. If approved by a majority of at least three-fifths, the amendment will not require a referendum. An opinion poll conducted in November 2022 indicated strong public support for the amendment, with 86% of respondents in favor.
The language of the amendment has been revised since the 2022 vote, emphasizing the “freedom” to have an abortion. Last month, the National Assembly reaffirmed its support for abortion rights, reflecting a shift in terminology from “right” to “freedom” in the constitutional amendment.
The Man That Led The Charge
Meanwhile, Dr. Paul Milliez, whose testimony played a pivotal role in the decriminalization of abortion in France, has been hailed as an “exceptional humanist.”
His courageous stance during the 1972 trial helped secure lenient judgments for the women accused and paved the way for legal abortion in France. You can learn more about Dr. Milliez’s contributions in a feature article published by Le Monde.
A Quick Background
The issue of abortion rights has a long and complex history in France with significant legal and societal developments occurring over several decades. One of the most notable milestones in this journey occurred in 1974, when abortion was decriminalized under certain circumstances.
Prior to 1974, abortion in France was illegal under the 1920 law, which made the termination of pregnancy a criminal offense. This law was heavily influenced by conservative and Catholic beliefs, reflecting prevailing attitudes towards abortion at the time. As a result, access to safe and legal abortion was severely restricted, leading many women to seek clandestine and often unsafe procedures, risking their health and lives in the process.
However, the 1960s and 1970s saw a growing movement for women’s rights and reproductive autonomy worldwide, including in France. Advocates called for the repeal of restrictive abortion laws and the recognition of women’s right to make decisions about their own bodies.
In 1972, a landmark trial took place in France that would have a profound impact on abortion rights in the country. Four women were accused of undergoing illegal abortions, sparking public debate and highlighting the harsh consequences of the existing laws. The trial brought attention to the plight of women who resorted to unsafe procedures due to lack of access to legal abortion services.
During the trial, Dr. Paul Milliez, a prominent medical professional, courageously testified in support of the accused women. His testimony, which emphasized the medical necessity of safe and legal abortion, played a crucial role in challenging existing attitudes and laws surrounding abortion in France.
Following the trial and growing public pressure, the French government took steps to address the issue of abortion rights. In 1974, under President Valéry Giscard d’Estaing, the French parliament passed the Veil Law (Loi Veil), named after Health Minister Simone Veil, who championed the legislation. The Veil Law legalized abortion in France under certain conditions, allowing women to access safe and legal abortion services.
The passage of the Veil Law marked a significant turning point in the history of abortion rights in France. It represented a triumph for women’s rights advocates and a step towards greater reproductive freedom and autonomy for women across the country. Since then, abortion has remained legal in France, with ongoing efforts to ensure access to comprehensive reproductive healthcare services for all.
