Inclusion of abortion in the Constitution: semantic battle in a divided Senate


Jacques Serais // Photo credit: Alain JOCARD / AFP

The Senate must vote this Wednesday afternoon on the inclusion of abortion in the Constitution. But the choice of words in the bill, which defends “the guaranteed freedom” of recourse to abortion, raises questions in the upper house of Parliament. Philippe Bas, senator LR, thus tabled an amendment to delete the term “guarantee”.

After the deputies last month, the senators will vote this afternoon on the inclusion of abortion in the Constitution. It is a semantic battle which will begin in the hemicycle. Because the choice of words in the bill carried by the government questions the LR senators. The executive defends the inclusion of “guaranteed freedom” for women to resort to abortion. And it’s this term “guaranteed” that poses a problem for them. Senator Philippe Bas tabled an amendment to delete it.

A return to the Assembly possible

This aims “to remove the legal uncertainties which weigh on the use of the guaranteed term” is explained by the senatorial majority which fears a “right enforceable against abortion” of which “we do not know the consequences”. At the center of their concerns: the abuses that this term “guarantee” could generate, such as a questioning of any maximum period for abortion, currently set at 14 weeks, or even a failure to consider the clause of conscience of doctors.

Although for all of these LR senators this is not a firm opposition to the inclusion of abortion in the Constitution, modifying the words of the text would call into question the plans of the executive. Before being submitted to Congress, any constitutional bill must be adopted by both houses in exactly the same terms, and to the comma. A return to the Assembly is therefore far from being ruled out at this stage.



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