France scripts history, includes right to abortion in its constitution

By  Jasleen Kaur March 5th 2024 02:06 PM

PTC Web Desk: France has made history by becoming the first country in the world to expressly include the right to abortion in its constitution. While facing minimal resistance in parliament, President Emmanuel Macron has been criticised for allegedly leveraging the constitutional amendment for political gains. This move comes in the wake of developments in the United States, where the Supreme Court revoked the right to abortion in 2022, allowing individual states to ban the procedure. Despite the constitutional council's historic approval of abortion in 2001, recent changes aim to fortify this right amid global uncertainties.

Background

Since 1975, France has updated its abortion laws nine times, each revision aimed at expanding access to this fundamental right. The constitutional council, responsible for evaluating the constitutionality of laws, has consistently supported abortion, basing its approval on the notion of liberty enshrined in the 1789 Declaration of the Rights of Man, a foundational component of the constitution.

Macron's Motivations and Criticisms
President Emmanuel Macron's decision to enshrine the right to abortion in the constitution has faced criticism, with some labelling it unnecessary and accused him of exploiting the cause for left-wing political gains. The president's supporters argue that this move is a proactive response to potential risks highlighted by recent developments in the United States, where access to abortion has been curtailed. The constitutional amendment, while symbolic, seeks to safeguard women's reproductive rights in the face of evolving global dynamics.

US Influence and Abortion Rights
The impetus for the constitutional change in France can be traced back to the United States, where the Supreme Court's 2022 decision removed the right to abortion, empowering individual states to restrict or ban the procedure. This alarming shift prompted French lawmakers to fortify abortion rights domestically, ensuring the continued protection of this fundamental right in the face of potential challenges.

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Reactions to the Constitutional Amendment
The move to explicitly include the right to abortion in the French constitution has received mixed reactions. Advocates, such as Laura Slimani from the Fondation des Femmes rights group, applaud the decision, citing the recent regression of abortion rights in the United States as a cautionary tale. However, not everyone supports the constitutional amendment, as evidenced by the Vatican's reiterated opposition to abortion. The Vatican, echoing concerns raised by French Catholic bishops, asserts that there can be no 'right' to take a human life, urging governments and religious traditions worldwide to prioritize the protection of life.

Global Perspective on Reproductive Rights
France's constitutional amendment reflects a broader global concern for the protection of reproductive rights, especially in the aftermath of the developments in the United States. The move is seen as a proactive step to fortify women's rights amid growing uncertainties. As countries grapple with the delicate balance between individual liberties and moral considerations, the French example may serve as a benchmark for other nations seeking to reinforce their commitment to reproductive rights within the framework of their constitutions.

 

 

 

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