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France Pioneers Change: Abortion Now a Constitutional Right

Courtesy/By: PARAM SAKET SARANG | 2024-03-06 01:10     Views : 200

France Pioneers Change: Abortion Now a Constitutional Right

 

Introduction

The right of a woman to an abortion was first guaranteed by the constitution in France. The historic legislation was easily passed by lawmakers from both the upper and lower houses of parliament in France on Monday.

By a resounding 780–72 majority, the bill was passed, and almost the whole joint session broke out into prolonged standing ovations.

Concern that grew in France when the United States began restricting abortion rights after Roe v. Wade was overturned two years ago was the driving force behind the action. If comparable actions to restrict access were taken at any point in the future, French President Emmanuel Macron pledged to preserve women's access to abortions.

The constitutional change in Article 34 would establish "a woman's guaranteed freedom to have recourse to an abortion.”

Macron announced after the vote that the amendment would be inscribed in the constitution on Friday, March 8 — International Women's Day — during a ceremony in central Paris that will be open to the public. Writing on social media, he said the vote was a matter of "French pride" and a "universal message.”

The change has received support from both political parties. Legislators from far-right parties who have traditionally opposed the expansion of abortion rights cast votes in favour of the measure.

In 1975, France legalized abortion. In 2022, the legal abortion limit was raised from 12 to 14 weeks of pregnancy in response to complaints from French women that they were frequently compelled to go outside of France to have the surgery.

The Congress was opened by a woman for the first time on Monday, marking another historic occasion only days before International Women's Day on March 8.

 

Background

US Supreme Court’s Decision on Roe v. Wade:-

The US Supreme Court controversially decided to overturn the historic Roe v. Wade decision, which had previously upheld women's constitutional right to an abortion, in 2022.

 

  • The ruling rekindled discussions about access to abortion and reproductive rights.

  • Protesters in France acted decisively to defend abortion rights domestically after Roe v. Wade was overturned.

WHO Abortion Statistics for the World

  • Every year, about 73 million induced abortions are performed worldwide.

  • Three out of ten pregnancies (29%) and six out of ten (61%) of all unplanned pregnancies result in an induced abortion.

  • 97% of unsafe abortions occur in developing nations, accounting for around 45% of all abortions performed.

  • One of the main, though avoidable, causes of maternal fatalities is unsafe abortion.

 

France's Abortion Rights: Encouraging Women via Constitutional Change

Abortion has been legal in France since 1975 and is widely supported throughout the country's political spectrum. A bill to change Article 34 of the French Constitution had been independently approved by the National Assembly and the Senate, both houses of the French Parliament, as necessary.

 

Article 34 of the French Constitution

It grants the French Parliament the authority to legislate on matters related to abortion, including establishing the legal framework governing abortion procedures, defining the conditions under which abortion is permitted, and regulating healthcare facilities that provide abortion services.

 

Members of parliament unanimously supported the law, marking a major win for proponents of women's rights and a turning point in the ongoing fight for the freedom to choose.

With a sizable majority, the constitutional amendment was approved, strengthening the laws about abortion and preventing future governments from restricting these rights.

  • MPs and senators cast a special combined vote in Versailles Palace. 72 votes against, 780 in favour.

  • A woman's right to an abortion is guaranteed, but only under certain conditions, as stated in an amendment to Article 34 of the French Constitution.

  • Goal: To guarantee that women's reproductive rights are upheld to the greatest extent possible under the law.

  • Prime Minister Gabriel Attal's message to women is, "Your body belongs to you and no one can decide for you.”

  • Strong public backing: According to polls, 80% of French citizens are in favour of legal abortion.

  • Reaction to the decision by the US Supreme Court to overturn Roe v. Wade.

 

The Abortion Right in India: Navigating Women's Reproductive Rights under the MTP Act Amendment

  • While France has made significant progress in achieving the right to an abortion, the situation in India is quite different. The Medical Termination of Pregnancy (MTP) Act governs abortion in India and permits it under specific circumstances.

  • The 1971-passed Medical Termination of Pregnancy (MTP) Act was updated in 2021.

  • The MTP Act aims to give women access to safe and legal abortion services by allowing abortion under specified conditions and up to a certain gestational age.

  • In 2021, the MTP Act underwent an amendment that increased the abortion restriction from 20 to 24 weeks.

  • The modified MTP Act permitted terminations for pregnancies up to 20 weeks based on the advice of one doctor.

  • Two doctors' opinions are required under the modified law for pregnancies between 20 and 24 weeks.

  • Seven groups of women qualified for a pregnancy abortion between 20 and 24 weeks were listed in the MTP Act (amendment):-Survivors of sexual assault or rape or incest; Minors;  Change of marital status during the ongoing pregnancy (widowhood and divorce); Women with physical disabilities; Mentally ill women including mental retardation; The foetal malformation; Women with pregnancy in humanitarian settings or disaster or emergencies.

  • The MTP Act forbids, unless permitted by current legislation, the revelation of a woman's identity and specifics after her pregnancy has been terminated.

  • Furthermore, reducing preventable maternal mortality is one of the Sustainable Development Goals (SDGs) 3.1, 3.7, and 5.6, which will be achieved in part by supporting the MTP Act's implementation.

 

Conclusion

France made history by enacting a constitutional guarantee of access to abortion, a measure that was overwhelmingly supported by both chambers of parliament and established women's reproductive rights. President Macron promised to defend women's access to abortion despite upcoming obstacles, spurred by worries over limits on the procedure in other countries. The modification, which honours gender equality and promotes national unity, is scheduled to be engraved on International Women's Day. Even parties on the far right, who are often against abortion rights, supported the bill. This historic judgment sends a strong message of development and inclusivity to the world while reaffirming France's commitment to women's rights.

 

References

Courtesy/By: PARAM SAKET SARANG | 2024-03-06 01:10