France First to Approve Constitutional Abortion Freedom Amendment

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   On March 4, 2024, the French Senate and National Assembly approved a constitutional amendment guaranteeing abortion rights at a joint session held at the Palace of Versailles. The amendment passed with 780 votes in favor and 72 against, making France the first country in the world to explicitly recognize abortion rights in its constitution.

¡ã French Senate and National Assembly Approve Constitutional Amendment Explicitly Guaranteeing Abortion Rights at Versailles Palace Joint Session (Photo from Yonhap News)

   Following this amendment, Article 34 of the French Constitution will now include a provision stating that "the law shall determine the conditions under which a woman can freely terminate her pregnancy." Abortion has been legal in France since 1975, so there will be no practical change. However, enshrining it as a fundamental constitutional right carries a stronger meaning than simply guaranteeing it through legislation. Meanwhile, anti-abortion protestors gathered near the Palace of Versailles to demonstrate against the amendment. On International Women's Day (March 8), French President Macron stated, "We are etching women's right to terminate a pregnancy into the constitution, ensuring no one can restrict or abolish this right." A poll conducted by the French Public Opinion Institute in July 2023 showed a positive response, with 81 percent of citizens supporting including abortion rights in the constitution.

¡ã The French in Paris Trocadéro Square watch live broadcast of legislative approval of constitutional bill explicitly guaranteeing women's abortion rights. (Photo from Newsis)

   The stance on abortion varies from country to country, influenced by cultural, religious, and ethical backgrounds. Some countries have laws allowing and supporting abortion, while many others strictly restrict or even consider it illegal. In April 2019, the Constitutional Court of Korea ruled that the criminal code’s “abortion crime” provision was unconstitutional. However, the National Assembly has not yet enacted a law to supplement this ruling, so the right to abortion is not legally guaranteed. In the United States, the landmark Roe v. Wade decision, which determined that the right to abortion is protected by the Constitution, was overturned after 49 years in June 2022. Since then, several states have enacted laws prohibiting or regulating abortion. On the other hand, in the Philippines, where over 90 percent of the population is Catholic, women who undergo abortions face imprisonment ranging from 2 to 6 years. Furthermore, doctors and nurses who perform or assist in abortion procedures are also subject to punishment.

   The recent constitutional amendment proposed in France is expected to have an impact not only on its citizens but also on neighboring countries. The legislation in France is garnering attention in the international community, and it is hoped to stimulate discussions on legislation and policies regarding abortion in other countries as well.


ȫ俬, Dinh Phuong Thao  dankookherald@gmail.com
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