France’s Senate on Wednesday adopted a bill meant to enshrine a woman’s right to an abortion in the French Constitution, clearing a major hurdle for the legislation.
The constitutional change was prompted by the US Supreme Court overturning Roe v Wade, a court ruling made five decades ago that had secured access to abortion there.
Since the decision in 2022, several US states have passed legislation to restrict access to abortion, with a recent local court decision in Alabama even impacting in vitro fertilisation (IVF) procedures as well.
"The Supreme Court demonstrated that the rights and freedoms that are most precious to us can be threatened even though they seemed firmly established," states the explanatory introduction to the French president's constitutional law proposal.
Abortion has been authorised in France since 1975 when legislation led by then health minister Simone Veil decriminalised the practice in the first 10 weeks of pregnancy.
The time limit has since been extended to 14 weeks, with the cost of the procedure covered by the national health insurance system.
How did the constitutional change come about?
France's National Assembly, or lower house of parliament, had previously endorsed a constitutional change in November 2022 but the Senate changed the wording.
President Emmanuel Macron announced a new legislative proposal to amend the constitution on March 8, 2023, during an hommage to feminist activist Gisèle Halimi.
The government's legislative proposal was eventually passed by the National Assembly in January, with the Senate's approval on June 28, 2024. The measure now goes before a joint session of parliament for its expected approval by a three-fifths majority.
The proposal includes one article that states: "The law determines the conditions under which the right is guaranteed to a woman to resort to voluntarily terminating a pregnancy".
"We have the unique opportunity to include voluntary pregnancy termination [abortion] in the French Constitution and thus guarantee this as a right for all," Sarah Durocher, president of the non-profit organisation Family Planning, said in a statement.
"This is a strong message sent to all feminists around the world who are fighting for this right and with whom we stand in solidarity," she added.
