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Le Monde
Le Monde
17 Jan 2024


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French lawmakers took a first step Wednesday, January 17, toward anchoring access to abortion in the French constitution, a promise from President Emmanuel Macron that still has many hurdles to clear. The Assemblée Nationale's Laws Committee approved draft language that would offer women a "guaranteed freedom" to end pregnancies – stopping short of a full right to abortion.

The wording reflects a balancing act for Macron's minority government, which must assemble a three-fifths majority across the Assemblée and Sénat to change the Constitution. The conservative Les Républicains and far-right Rassemblement National (RN) are especially concerned about the prospective change.

Ministers aim to provide "constitutional protection for this freedom, without freezing current legislation nor creating a kind of absolute, unlimited right" to abortion, Justice Minister Eric Dupond-Moretti told the committee on Tuesday. The language "must be sufficiently flexible to allow lawmakers to continue their work" and "craft a satisfactory balance, especially in light of technological, medical and scientific developments that could take place," he added.

Inscribing abortion in the constitution was originally promised by Macron in March last year, in what was seen as a response to the 2022 overturning of federal abortion rights in the United States.

From October 2023 Article réservé à nos abonnés Macron begins constitutional process to protect abortion rights

Far-right MP Pascale Bordes complained that the plans were "very far from the concerns" of ordinary people, insisting that abortion in France was "not under threat." And LR lawmaker Emilie Bonnivard said the party would insist on "the balance... between the right to abortion and the child's right to be born," as well as "doctors' freedom of conscience".

Left-wing parties would prefer the text to enshrine a "right" rather than a "freedom" to terminate a pregnancy. But Dupond-Moretti highlighted Tuesday that the State Council, France's highest administrative court, had found no legal difference between the two wordings. "We have a very balanced text, it's now or never," he said.

The draft text is set for a full debate on the floor of the Assemblée on January 24 before being passed to the right-dominated Sénat.

Le Monde with AFP