Assa Samake-Roman: Victory for abortion in France, but struggle goes on

But in a world where human rights often feel precarious, a glimmer of hope emerges. The recent development in France – which became this week the first country in the world to enshrine constitutional protection for the right to abortion – goes beyond a national triumph – it is a guiding light for reproductive rights advocates worldwide.

Set against the backdrop of the illuminated Eiffel Tower at Place du Trocadéro, feminist activists united in a jubilant celebration. On Monday, 4th March at 6.45pm, the Congress – consisting of members from the National Assembly and the Senate – convened at the famous Palace of Versailles, the only venue that could house so many parliamentarians.

They decisively incorporated a specific article guaranteeing the “freedom of women to have recourse to a voluntary termination of pregnancy” into the French constitution, securing a resounding 780 favourable votes out of 902 MPs and senators – well beyond the 512 needed for adoption of the measure.

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A recent poll showed 78% of French voters – and a striking 86% of women – wanted abortion rights enshrined in the constitution. Notably, none of the big political parties in France are against it.

This change in the constitution is a powerful reminder of a history of perseverance and solidarity over decades. The victory is a poignant reminder of the tough battles our mothers and grandmothers fought for this essential right.

The journey has been a long one – next year marks the 50th anniversary of the Veil Law, a pivotal piece of legislation named after the trailblazing Simone Veil, a high-profile politician and dedicated advocate for women’s rights. Her significant contributions were acknowledged with her being chosen for burial in the Panthéon in Paris after her death in 2017.

Enacted on January 17, 1975, the Veil Law decriminalised abortion in France, transforming women’s lives. Before its implementation, abortion was illegal except in cases where the mother’s life was at risk.

Nowadays in France, women can interrupt their pregnancy up until the 14th week of pregnancy, with costs covered by national health insurance.

Witnessing women from different generations join together in celebration this week was heartening – from the pioneers who fought for women’s bodily autonomy in the 1970s to individuals like myself and younger generations, who may have taken these rights for granted until recent events in the US served as a stark reminder.

The 2022 overturning of Roe vs Wade – a landmark US Supreme Court decision securing a woman’s right to abortion without undue government interference – coupled with the rise of far-right ideologies in Europe triggered a significant awakening in France. As the French observed these global shifts, they became more conscious of potential threats to their well-established gains in reproductive freedom.

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It was only at that point that President Emmanuel Macron changed his mind, acknowledging the necessity of adding abortion rights to the constitution. His government threw its weight behind a proposal put forth by left-wing parliamentarians.

On Monday, Socialist senator Laurence Rossignol passionately declared: “We will persist for those standing against Trump, Bolsonaro, Orbán, Milei, Putin, Giorgia Meloni, the mullahs, the theocratic dictators.” Her words resonated so deeply, she received a standing ovation from her colleagues – excluding the far-right parliamentarians.

The wording of this new article in the constitution is important, and despite the victory, it has attracted criticism. The use of the term “guarantee” is positive, because it implies that completely removing this freedom would contradict the constitution.

However, the specified “conditions” may introduce limitations related to financial constraints, available resources, or the fact that some doctors might refuse to provide this service on moral grounds. This is why some critics argue that replacing “freedom” with “right” would have added even more force to the article.

In law, permanence is a rare concept. In the future, a government opposing abortion could potentially introduce a constitutional amendment, changing the current text and affecting the right to abortion.

There is certainly the growing popularity of the far-right Rassemblement National to take into account, especially with the next presidential elections in three years – polls suggest they might clinch the win. Even though Marine Le Pen’s party voted for the constitutional change, her position on abortion has always been ambiguous.

Back in 2012, she criticised what she called “abortions of convenience” and raised doubts about whether national health insurance should cover them. In a 2006 book, she suggested that “everything should be done” to reduce the number of abortions.

Moreover, there are many various avenues to challenge the right to abortion – for example, the constitutionality of a law cutting funding for abortion services remains uncertain. Even if a right is enshrined in the constitution, it doesn’t guarantee easy access for everyone. The decreasing number of hospitals offering abortion services forces women seeking this procedure to travel long distances to find a practitioner.

So this goes beyond a mere legal issue; it’s a medical and social justice challenge as well. This struggle must be confronted daily with determination, as obstacles persistently pile up, primarily due to a lack of medical services in some areas, in particular in rural regions.

In 2022, a parliamentary report by the National Assembly’s women’s rights delegation brought attention to a concerning trend, highlighting “a lack of interest in a medical procedure that is little valued and considered to be of little value”.

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This shows that there is insufficient attention or regard for abortion. The duty to safeguard the right to abortion currently falls largely on a handful of committed practitioners, many of whom are nearing retirement.

The report also indicated that the current issue doesn’t necessarily revolve around a law entirely eliminating the freedom to have an abortion or imposing strict conditions on access. Instead, the emphasis is on the fragile state of the current support system for abortion rights. If this support weakens, there is the potential for compromising access to abortion.

This highlights the continuous importance of advocating for and protecting reproductive rights to ensure they stay secure and accessible. Staying vigilant is crucial in preserving the foundations supporting these rights, namely a functioning and accessible healthcare system.

In many countries, women’s rights are still restricted by outdated religious beliefs, extreme ideologies, deep-rooted traditions, the political influence of religious leaders, or authoritarian pressure on women to have more children.

Meanwhile, in Scotland, the fight for reproductive rights is challenged by anti-abortion groups staging protests outside clinics, hiding behind the concept of freedom of expression – but really, they are seeking the freedom to intimidate.

Scottish Greens MSP Gillian Mackay addressed this by introducing a bill at the Scottish Parliament last year, proposing buffer zones to keep protests at least 200 metres away from clinics. This is another example of the ongoing struggle to secure and defend the right to control our own bodies.

It is a reminder that, despite past victories, the battle is far from over, and our right to make decisions about our bodies needs to be protected.

This same philosophy is what prompted Mathilde Panot – the left-wing MP who championed the initial proposal to establish abortion as a constitutional right in the National Assembly – to announce a new initiative.

Her party, La France Insoumise, plans to introduce a proposal – which is supported by Green and Socialist parliamentarians – requiring the government to officially acknowledge the right to abortion in the European Union Charter of Fundamental Rights. This move aims to protect this right on a broader European scale, ensuring its safeguarding across multiple nations.

So, on Monday night, people rightfully celebrated. But now it’s time to focus on the work ahead.