FRANCE'S ABORTION RIGHTS
1. Context
In a global first, France inscribed the guaranteed right to abortion in its constitution on March 8 sending a powerful message of solidarity with women’s rights on International Women’s Day. Justice Minister Eric Dupond-Moretti used a 19th-century printing press to seal the amendment in France’s constitution at a special public ceremony. The measure was approved at a joint session of Parliament on March 4 2024
2. Reforms legislative History
- The National Assembly passed the amendment in January, followed by the Senate last week. However, the final endorsement of the constitutional change required approval during a joint session of parliament.
- In the voting session, 780 out of 902 legislators voted in favor of the reform, 72 opposed it, and 50 abstained.
- While abortion has been legal in France since 1975, it will now be recognized as a "guaranteed freedom" for women. Although infrequent, France has a history of amending its constitution, with nearly 25 modifications since its adoption in 1958.
- The most recent alteration occurred in 2008, granting more powers to Parliament and limiting presidential tenure to a maximum of two consecutive five-year terms
- Introduced last year, the Bill modified the 17th paragraph of Article 34 in the French constitution, specifying that "the law establishes the conditions under which the freedom of women to voluntarily terminate a pregnancy, a guaranteed right, is exercised."
- This implies that future administrations will be restricted in making significant changes to existing laws that allow termination up to 14 weeks.
- Highlighting the scrutiny of abortion rights in various European countries, the preamble of the legislation notes, "Regrettably, this occurrence is not an isolated one: in numerous countries, even within Europe, there are trends that aim to obstruct, at any cost, women's freedom to terminate their pregnancy as they choose"
3.Is this a first-of-its-kind precedent?
- France is presently the sole country with a specific constitutional provision on abortion, contrasting with the 1974 constitution of the former Communist-run Yugoslavia, which asserted that "a person is free to decide on having children" and limited this right only "for the reasons of health protection."
- Following Yugoslavia's breakup in the early 1990s, several Balkan states embraced similar principles, though lacking an explicit constitutional guarantee. For instance, Serbia's constitution, albeit less explicitly, asserts that "everyone has the right to decide on childbirth."
- Nevertheless, some contend that abortion was already constitutionally safeguarded after a 2001 decision. In this ruling, France's constitutional council justified its approval of abortion by referencing the concept of liberty enshrined in the 1789 Declaration of the Rights of Man, a technical component of the constitution
4.What about other European countries?
- Abortion is currently available in over 40 European countries, but several nations are witnessing heightened attempts to restrict access to the procedure. In September 2022, Hungary's far-right government mandated that women must listen to the foetal heartbeat before being granted access to a safe abortion.
- Poland, with some of the strictest abortion laws in Europe, permits termination solely in cases of rape, incest, or a threat to the mother's health or life. The regulations became even more stringent in 2020 when the country's highest court declared abortions based on foetal defects unconstitutional.
- In the U.K., abortion is allowed up to 24 weeks of pregnancy with approval from two doctors. Exceptions for late-term abortions are granted only when the mother's life is at risk. However, women undergoing abortions after 24 weeks may face prosecution under the Offences Against the Person Act, 1861.
- Italy, despite resisting Vatican pressure, legalized abortion in 1978, permitting termination up to 12 weeks or later if the woman's health or life is endangered. Yet, the law allows medical practitioners to register as "conscientious objectors," creating significant obstacles to accessing the procedure.
- The French initiative has the potential to strengthen endeavors to include abortion in the European Charter of Fundamental Rights
5.What is India’s stance on abortion?
- In 1971, India introduced the Medical Termination of Pregnancy (MTP) Act, enabling authorized medical professionals to conduct abortions under specific conditions, provided the pregnancy did not surpass 20 weeks.
- The Act underwent a revision in 2021, extending the permissible period for abortions to 24 weeks in certain cases.
- For abortions within the initial 20 weeks of gestation, the opinion of a single registered medical practitioner is adequate.
- In pregnancies spanning 20-24 weeks, the right to seek an abortion is contingent upon the assessment of two registered medical practitioners, but this is restricted to specific situations such as forced pregnancies resulting from statutory rape involving minors or sexual assault, pregnancies in women with disabilities, or changes in the marital status of the woman during pregnancy.
- Beyond 24 weeks, the Act mandates the establishment of a State-level medical board in "approved facilities," with the authority to either permit or deny termination of pregnancy, exclusively in cases of significant foetal abnormalities
Source: The Hindu
