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France Takes Steps to Recognize Woman's Right to Abortion

FILE - A woman demonstrates with a poster reading "Abortion in the Constitution" as part of the International Women's Day, Wednesday, March 8, 2023 in Paris. France’s National Assembly is considering

France's National Assembly is set to discuss a bill on Tuesday that aims to constitutionally protect a woman's right to an abortion. The move comes in response to recent challenges to abortion rights in the United States and seeks to ensure that women in France have the freedom to choose whether or not to terminate a pregnancy.

President Emmanuel Macron's government proposes amending Article 34 of the French Constitution to include a provision guaranteeing the conditions under which women can access abortion. The constitution currently does not explicitly address abortion rights. The proposed amendment states that 'the law determines the conditions by which is exercised the freedom of women to have recourse to an abortion, which is guaranteed.'

For the amendment to become law, it must pass through both the National Assembly and the Senate, after which it needs approval either through a referendum or a three-fifths majority in a joint session of parliament. While the support for the proposal is expected to be strong in the National Assembly, the situation in the Senate is less certain due to criticism from some members of the conservative majority.

However, none of the major political parties in France's parliament are challenging the right to abortion. This suggests that the majority of deputies in the National Assembly will vote in favor of the proposal. If the bill passes both chambers, Macron plans to convene a special session of all legislators to secure the necessary three-fifths majority.

Abortion was decriminalized in France in 1975 through legislation, but there is currently no constitutional guarantee for the right to abortion. The government argues that recent events in the United States, where the Supreme Court overturned a long-standing ruling supporting abortion rights, have highlighted the need to protect this fundamental right in France.

The bill's introduction also points to developments in other countries, including Poland, where the already restrictive abortion laws were further tightened, leading to widespread protests. In 2020, the Polish constitutional court ruled that women could no longer terminate pregnancies in cases of severe fetal deformities, such as those involving Down Syndrome.

The introduction to the French legislation highlights the challenges faced by women across the world in maintaining access to safe and legal abortions. It states, '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.'

By seeking to enshrine abortion rights in the constitution, France aims to provide a strong legal foundation for women to exercise their freedom of choice. The outcome of the bill's journey through parliament will be closely watched by advocates for women's reproductive rights both in France and beyond.

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