French President Emmanuel Macron announced on social media platform X (formerly Twitter) that the right to have an abortion will soon become a permanent part of the French constitution. In his post, Macron revealed his plans to submit a draft constitutional law to the Council of State within the week, ensuring that “in 2024, the freedom of women to resort to abortion will be irreversible.” The measure will be presented to the Council of Ministers later this year and will undergo parliamentary examination in the spring of 2024.
While similar legislation guaranteeing the “right to voluntary termination of pregnancy” had been proposed by MP Mathilde Panot in November 2022 and subsequently adopted by the Senate in February, Macron chose to phrase it as the “freedom” to obtain an abortion following a debate. Macron’s office emphasized that this distinction held no meaningful consequences as both rights and freedoms were granted the same constitutional protection.
Constitutional revisions can be approved through a referendum or a three-fifths majority in both houses of parliament. Macron’s office opted for the parliamentary route, avoiding a referendum to prevent unnecessary debates that might polarize opinions.
This move follows the US Supreme Court’s decision to overturn the Roe v. Wade decision, which had previously protected women’s right to abortion. Macron had promised to enshrine the freedom to obtain an abortion in France’s constitution on International Women’s Day in March.
While abortion is already legal in France up to 14 weeks of pregnancy, and can be extended in specific cases, such as when the mother’s health is at risk or the fetus has a terminal illness, this constitutional protection would make it substantially more challenging for future governments to restrict or ban the procedure.
A survey conducted last year found strong public support for embedding the right to abortion in the constitution, with 86% of respondents in favor. Notably, the number of abortions in France has been on the rise, with 234,300 women receiving abortions in 2022, marking the highest number since 1990.
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