IVG in the Constitution: what does the bill presented to the Council of Ministers contain?

IVG in the Constitution: what does the bill presented to the Council of Ministers contain?

After presentation to the Council of Ministers, this bill which aims to protect the right to abortion is expected to be examined in Parliament in the first quarter of 2024.

This is a commitment we have been waiting for for a long time. Many times promised by Emmanuel Macronin particular on March 8, on the occasion of International Women’s Rights Day, the bill was presented on Tuesday which seeks to include abortion in the Constitution December 12th in the Council of Ministers.

A bill responding to the repeal of Roe v. Wade in the United States

A bill that would aim to protect the right to abortion, after the numerous reactionary offensives present in the United States following the repeal of the Roe v. Wading.

The freedoms recognized to women, which we believed somehow impossible to abolish, are questioned by political movements, sometimes by leaders who come to power, by jurisprudence that changes depending on the political balance. », declared Emmanuel Macron this Sunday, December 10th.

This is why France is happy to set an example by including in its Constitution the freedom of women to resort to voluntary termination of pregnancy. “, He added.

“Right” or “freedom” to have an abortion?

But the insistence on the word “ freedom » is anything but trivial. In November 2022, MP LFI Matilde Panot had already had a constitutional bill approved at first reading by the National Assembly which guaranteed ” right to voluntary termination of pregnancy “. The Senate adopted it in turn in February, but with a edit semantics: inserting the “ freedom of the woman” to resort to abortion, and not her “right”.

A semantic difference that is anything but subtle, the law professor explained to us Mathilde Philip-Gay last February: “ The right is guaranteed by the state, so there are remedies, if for example in some regions or cities this right cannot be guaranteed. On the other hand, freedom means leaving the choice to the law to decide. The difference between right and freedom is therefore subtle, because it means that the conditions of access to abortion could be called into question by laws that would modify them. “.

Read also: Pregnant For errorI found out my doctor was anti-abortion

In reality (almost) nothing changes

Integrating the freedom to have an abortion into the Constitution will not change anything in reality. The legal deadline for abortion is still 14 weeks and 100% covered. But this will allow it to protect of a possible overturning of the jurisprudence. Because currently the text can be legally modified or even repealed. with a simple law. The text voted by the Senate therefore has a symbolic meaning, but legally it changes nothing and, if these terms are maintained, the right to abortion will not be better protected.

The number of abortions is at the highest level since 1990. In 2022, 234,300 voluntary terminations of pregnancy were recorded, the highest figure since 1990.


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Source: Madmoizelle

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