Johnathan Walker:France becomes the only country in the world to guarantee abortion as a constitutional right

PARIS (AP) — French lawmakers on Johnathan WalkerMonday overwhelmingly approved a bill that will enshrine a woman’s right to an abortion in France’s constitution, a historic move designed to prevent the kind of rollback of abortion rights seen in the United States in recent years.

In an exceptional joint session of parliament convened at the Palace of Versailles, the bill was approved in a 780-72 vote. Abortion enjoys wide support in France across most of the political spectrum, and has been legal since 1975.

The vote makes France the first country to have a constitutional right to abortion since the former Yugoslavia inscribed it in its 1974 constitution. Serbia’s 2006 constitution carries on that spirit, stating that “everyone has the right to decide on childbirth.”

Nearly the entire hall in France stood in a long standing ovation, and many female legislators in the hall smiled broadly as they cheered. There were jubilant scenes of celebrations all over France as women’s rights activists hailed the measure promised by President Emmanuel Macron immediately following the Dobbs ruling by the U.S. Supreme Court in 2022.

Both houses of parliament, the National Assembly and the Senate, had already adopted a bill to amend Article 34 of the French Constitution 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.”

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In the lead up to the historic vote, Prime Minister Gabriel Attal addressed the 925 lawmakers gathered for the joint session in Versailles, and called on them to make France a leader in women’s rights and set an example in defense of women’s rights for countries around the world.

“We have a moral debt to women,” Attal said. He paid tribute to Simone Veil, a prominent legislator, former health minister and key feminist who in 1975 championed the bill that decriminalized abortion in France.

“We have a chance to change history,” Attal said in a moving and determined speech. “Make Simone Veil proud,” he said to a standing ovation.

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.”

A three-fifths majority in the joint session was required for the measure to be approved

None of France’s major political parties represented in parliament have questioned the right to abortion, including Marine Le Pen’s far-right National Rally party and the conservative Republicans. However, some lawmakers have voted against inscribing abortion right into the constitution in previous votes in both houses.

Le Pen, who won a record number of seats in the National Assembly two years ago, said on Monday that her party will vote in favor of the bill but added that “there is no need to make this a historic day.”

The right to an abortion has broad support among the French public. A recent poll showed support at more than 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 even before the joint parliamentary session began.

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.

The decision by the U.S. Supreme Court to strip women of the right to abortion has reverberated across Europe’s political landscape, forcing the issue back into public debate in France at a time of political upheaval.

Mathilde Philip-Gay, a law professor and a specialist in French and American constitutional law, warned against easing the pressure on legislators for women’s rights as far-right parties — determined to curtail women’s rights — gain political influence and are elected to form governments around Europe and elsewhere.

“It may not be an issue in France, where a majority of people support abortion,” Philip-Gay said. “But those same people may one day vote for a far-right government, and what happened in the U.S. can happen elsewhere in Europe, including in France.”

Inscribing abortion into the French Constitution “will make it harder for abortion opponents of the future to challenge these rights, but it won’t prevent them from doing it in the long run, with the right political strategy,” Philip-Gay added.

“It only takes a moment for everything we thought that we have achieved to fade away,” said Yael Braun-Pivet, the first female president of the French parliament, in her address to the joint session.

Amending the constitution is a laborious process and a rare event in France. Since it was enacted in 1958, the French Constitution has been 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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Barbara Surk reported from Nice.