The enshrinement of the right to abortion in the French Constitution has been a historic demand of feminist organizations since I can remember. But for the past decade, this demand has had little resonance with the French population. Many felt that the Constitution would not have to be invoked to defend this right. I would even go so far as to say that many thought that this right was not at risk. But then, two years ago, the US Supreme Court overturned Roe V. Wade and everything changed. Millions of people suddenly realized that, unfortunately, the right to abortion can be won and then lost. It's an ongoing battle. On 28 February, France’s Parliament will make its final decision on whether or not to pass the constitutional abortion bill. To succeed, we need the support of the international community.
The COVID crisis and the need to expand access to abortion
To understand the impact of the US Supreme Court's decision on France, it is necessary to look at the context of abortion rights advocacy in our country. During the COVID crisis, the Mouvement Français pour le Planning Familial - commonly known as 'Le Planning Familial' - joined forces with feminist associations, health professionals and Members of Parliament to ensure access to abortion care during lockdown. Our mobilization triggered an increase in media coverage of the issue: women of all ages began to share their own abortion stories. Thanks to their courage, we managed to bring to light the existing obstacles to access abortion in France. We focused our advocacy on one main barrier: the legal time limit - 12 weeks of pregnancy - to access abortion. We knew that some women would not be able to get an abortion within this time because of the lockdown. Pregnant women reached out to us by calling our national hotline and our local centers as they were unable to leave their homes because of domestic violence, as well as minors. We knew that, by the time the lockdown was over, they would have exceeded the abortion time limits and would be forced to continue through pregnancies against their will.
Over the months, our advocacy campaign evolved into a demand for a legal change to permanently extend the time limit for accessing abortion care in France. It was a long political battle. We celebrated a great victory on 2 March 2022: abortion time limits were extended by two weeks. It was at this point that we saw a significant increase in support: French people who had previously been silent on the issue of abortion began to speak out.
Meanwhile, the anti-choice and anti-rights groups intensified its attacks against us. In the space of a few months, they broke down the doors, the windows and the locks of many of our local centers. Online and in-person threats were sent to our members across France.
when
country
France
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European Network
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Abortion Care
Related Member Association
Mouvement Français pour le Planning Familial
The overturning of Roe V. Wade: new impetus for the French legislative battle
Three months later, the US Supreme Court overturned Roe V. Wade. This event on the other side of the Atlantic resonated with our own reality. The recent attacks on Le Planning Familial showed that the right to abortion is under threat in France too. People realized that the legal setback in the US could also happen here. And because the rise of anti-rights, anti-democratic and conservative movements is very real in our country, Le Planning familial decided to lead a campaign to enshrine abortion rights in our Constitution.
Getting a right into the French Constitution is a very long process. Without giving you a political science lecture, there are two ways to go about it. The first is a referendum. The second is for the both Chambers of Parliament to agree on one bill and then for the President of the Republic to organize a Congress gathering all Members of Parliament to adopt the constitutional amendment. Today, the second option is the most likely.
We supported feminist Members of Parliament of both Chambers in introducing bills to enshrine the right to abortion in the Constitution. One of the Chambers, the Senate, is more conservative and rejected the first law proposals. We had to make several compromises for the bill to be supported by both the National Assembly and the Senate. We wanted an inclusive bill stating that the right to abortion should be accessible to all. But in the current wording, after some back and forth between the two Houses, the word 'right' was replaced by 'freedom' and it says 'woman', which does not include trans and non-binary people. However, during a public debate in Parliament, the Minister of Justice officially declared that trans and non-binary people would be included in the interpretation of the law. Under French law, this declaration is precedent-setting, so if the constitutional amendment is passed, all people will be guaranteed access to this right by the Constitution.
The process is now approaching the final stage. On 28 February, it will be the Senate's turn to make a final decision. If the Senate does not approve the text, the legislative process will be completed and the text will be definitively rejected. If it is approved, the President of the Republic will have to decide to convene Congress to approve the constitutional amendment.
People realized that the legal setback in the US could also happen in France. And because the rise of anti-rights, anti-democratic and conservative movements is very real in our country, Le Planning familial decided to lead a campaign to enshrine abortion’s right in our Constitution.
We need the international community's support
Will the Senate finally approve the bill? That's the question at the moment. We just had parliamentary elections. The composition of the Senate has changed, but it remains conservative. Together with our partners and allies, we are working to convince Senators of the need to pass this bill into law.
We need the support of the international community to keep up the pressure on our Parliament and our government. One thing is clear: the world is watching. We must work and advocate together in solidarity for global change in our societies. What is happening in France will have consequences in other countries. And we want France to set an example for other States to follow.
Do you want to join our fight to enshrine abortion rights in the Constitution? Our message is simple: speak out! Pass this information on to your social networks and friends. Use the French example to encourage your government to do the same. If you're a journalist: Write about the French case. If you can, fund the international fight for abortion rights.
Photo credits: Le Planning Familial
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Sarah Durocher is President of the Mouvement Français pour le Planning Familial, commonly known as 'Le Planning Familial'. She has been a member of the organization since she was 17 years old. As a feminist activist, she has been fighting for sexual and reproductive rights, women's rights and the rights of LGBTQI+ people in France for over 20 years. Sarah spent the first part of her career as a counsellor and CSE educator at a local family planning center.
