Abortion Laws In France: What's The Current Situation?

Abortion laws vary across the world, with some countries imposing strict restrictions and others guaranteeing a woman's right to choose. France has been at the forefront of ensuring abortion access, becoming the first country to explicitly include the right to abortion in its constitution. This move has sparked mixed reactions, with praise from women's rights activists but criticism from anti-abortion groups and the Vatican. Understanding France's stance on abortion and the journey to get there provides valuable insights into the ongoing global debate surrounding reproductive rights.

Abortion in France is legal upon request until 14 weeks after conception

The Veil Act was introduced by Health Minister Simone Veil and passed by the French Parliament. It was a highly controversial piece of legislation that sparked violent attacks and demonstrations. Veil, a survivor of a concentration camp, was compared to Hitler by those who opposed the Act. Despite this, the law was passed, and abortion was decriminalised in France.

The law was renewed permanently in December 1979 and has been updated several times since then to extend access to abortion. In 2024, France became the first country to enshrine abortion rights in its constitution, with the National Assembly and Senate voting to amend Article 34. This amendment guarantees a woman's freedom to have an abortion and was added to the constitution in March 2024.

While abortion is restricted beyond 14 weeks after conception, French physicians can provide abortions beyond this limit in certain circumstances. These include threats to the woman's life, fetal abnormalities, and some mental health or social emergencies. The decision to perform an abortion in these cases resides with the physicians and the patient.

Abortion is permitted beyond 14 weeks if two physicians certify it will prevent injury to the woman's physical or mental health

Abortion laws vary across the world, and in France, abortion is legal upon request until 14 weeks after conception (16 weeks after the pregnant woman's last menstrual period). However, in certain circumstances, abortions are permitted beyond this point.

Abortion is permitted beyond 14 weeks if two physicians certify that it will prevent injury to the woman's physical or mental health. This provision allows for abortions to take place at later stages of pregnancy, even up until birth, if there is a risk to the woman's health. This provision is an important aspect of France's abortion laws, ensuring that the health and well-being of pregnant women are prioritised.

The decision to allow abortion beyond 14 weeks in such cases is made by a group of physicians, who carefully evaluate the situation and determine if the abortion is medically necessary. This process ensures that the woman's health is the primary consideration and that abortions are carried out safely and within legal parameters.

The certification of two physicians is a crucial safeguard, ensuring that abortions beyond 14 weeks are only performed when there is a legitimate risk to the woman's physical or mental health. This provision also highlights the importance of access to qualified medical professionals who can make these assessments and provide necessary care.

In addition to the woman's health, the law also considers the risk to the life of the pregnant woman and the potential for the child to suffer from a severe and incurable illness. These factors further emphasise the importance of safeguarding the health and well-being of both the mother and the child.

France's abortion laws aim to balance the need for legal access to abortion with the importance of protecting the health and safety of pregnant women. By permitting abortions beyond 14 weeks in specific circumstances, France ensures that the decision-making process is rigorous and centred around the well-being of those involved.

Abortion was decriminalised in France in 1975

The road to decriminalisation was not an easy one. It was the result of years of campaigning, protesting, and public debate. In the 1950s, more and more movements began to demand access to free and legal abortions, and the taboo around abortion started to be broken. The discovery of the contraceptive pill in the US brought the issue of women's bodily autonomy to the forefront of the French public debate.

In 1971, 343 well-known women, including actresses and intellectuals, signed a manifesto declaring that they had had an abortion. This manifesto, written by Simone de Beauvoir, exposed these women to serious legal repercussions. However, it also brought public awareness to the issue, highlighting the fact that 1 million women per year in France were forced to abort in terrible conditions.

In the same year, a group called Choisir ("To Choose"), co-founded by French lawyer Gisèle Halimi and Simone de Beauvoir, began to fight for the decriminalisation of abortion. In 1972, Halimi defended five people in court, including a young girl, Marie-Claire Chevalier, who had undergone an abortion after being raped. This trial brought abortion to the forefront of political discourse and demonstrated that the law was outdated.

In November 1974, Veil presented her law to the assembly, and after nine parliamentary sessions of stormy debates, the law was passed in January 1975. This law was a significant step towards equality in France and gave women more control over their bodies and fertility. It was also a reflection of changing mentalities and societal norms.

Since the decriminalisation of abortion in 1975, there have been further liberalising reforms in the 21st century. These include extending the time limit for abortions and removing the mandatory waiting period and parental consent requirements for minors.

The French government has enshrined abortion rights in its constitution

On March 4, 2024, France became the first country in the world to enshrine abortion rights in its constitution. The French parliament voted to amend Article 34 of the 1958 constitution to specify that "the law determines the conditions by which is exercised the freedom of women to voluntarily terminate a pregnancy, which is guaranteed." The vote was passed with an overwhelming majority of 780-72, with the joint session of parliament erupting in a standing ovation.

The constitutional reform was prompted by the US Supreme Court's decision in 2022 to strip women of the constitutional right to abortion, allowing individual states to ban the procedure. This rollback of abortion rights in the US sparked concern in France and brought the issue back into the public debate. French President Emmanuel Macron had pledged to enshrine abortion rights in the constitution following the US Supreme Court's decision.

The amendment ensures that abortion rights in France are protected by the country's basic law, making it much harder to prevent women from voluntarily terminating a pregnancy. Women's rights and equality activists celebrated the historic vote, with the Eiffel Tower lit up with the slogan "My Body My Choice." The reform was also welcomed by Prime Minister Gabriel Attal, who stated, "We have a moral debt to women... We have a chance to change history. Make Simone Veil proud." Simone Veil, a prominent legislator and feminist, championed the bill that decriminalized abortion in France in 1975.

While the reform has been widely celebrated, it has also faced criticism from anti-abortion groups and the Vatican. Critics of the amendment argue that it is unnecessary and accuse President Macron of using the cause to boost his left-wing credentials. However, polls show strong public support for the reform, with around 85% of French citizens in favor of amending the constitution to protect abortion rights.

The French public widely supports abortion rights

Abortion rights in France have long been a topic of discussion and contention. In 2024, France took a significant step towards protecting abortion as a "guaranteed freedom" by enshrining it in the French Constitution, becoming the first country to explicitly guarantee such freedom. This move was met with widespread support from the French public, reflecting a broader trend of public opinion in favour of abortion rights in the country.

The road to recognising abortion as a "guaranteed freedom" in France was not without its challenges. Despite strong resistance from right-wing and far-right groups, the French Parliament voted by an overwhelming majority to include abortion access in the Constitution. This vote was initiated by President Emmanuel Macron in response to the United States Supreme Court's decision to overturn Roe v. Wade, which had previously guaranteed the freedom to have an abortion.

The inclusion of abortion access in the French Constitution is a testament to the country's democratic system, which managed to overcome political divisions and send a strong message of support for women's rights and autonomy. This move is particularly notable given the global context of increasing attacks on abortion access and reproductive health rights.

According to a poll published at the end of 2022, 81% of French people supported inscribing the right to abortion in the Constitution. This strong public support, combined with the efforts of feminist movements, played a crucial role in overcoming the remaining resistance from right-wing senators. The vitality of the feminist movement in France has been instrumental in advancing abortion rights and ensuring that women's freedom to control their bodies is protected.

The French public's widespread support for abortion rights can also be understood within the broader context of European attitudes. In a 2023 survey by the Pew Research Center, it was found that a median of 66% of adults across 27 places surveyed believed abortion should be legal in all or most cases. European countries showed particularly high support, with at least 75% of adults in nearly every surveyed country holding this view.

In conclusion, the French public's strong support for abortion rights has been instrumental in shaping the country's laws and policies. The inclusion of abortion access in the French Constitution is a testament to the power of public opinion and the democratic process in protecting the rights and freedoms of women. While challenges and barriers to abortion care remain, France's recognition of abortion as a "guaranteed freedom" sets an important precedent and reflects the widespread support for abortion rights among the French people.

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