The inclusion of abortion in the Constitution passed its most delicate stage in Parliament on Wednesday with the favorable vote of the Senate, removing the last doubts surrounding the final adoption of this historic reform during a Congress in Versailles convened on Monday . Despite the reluctance of certain senators from the right and the center, the majority in the upper house, the hemicycle declared itself in favor of “guaranteed freedom” for voluntary termination of pregnancy, without modifying the government’s text despite long semantic debates.
“A decisive step”
The President of the Republic Emmanuel Macron immediately convened the Congress of the two chambers of Parliament on Monday March 4, the final stage of the parliamentary road to revision, welcoming “a decisive step” after the Senate vote. The constitutional revision, already adopted almost unanimously by the National Assembly, received the support of 267 votes to 50 at the Luxembourg Palace, after more than three hours of sometimes agitated discussions in this usually very peaceful hemicycle.
“The Senate has written a new page in women’s rights,” said Justice Minister Eric Dupond-Moretti, who assures that France would be “the first country in the world” to protect abortion in its fundamental text. “It’s a huge feminist victory,” responded environmentalist senator Mélanie Vogel, welcoming “a major step forward” and “a message sent to feminists around the world.” Many left-wing senators described in the chamber their “emotion” at a “strong” and “exhilarating” moment. “We are writing History”, added the leader of the LFI deputies on
Congress in Versailles
The long road towards constitutionalization, acclaimed by the left, public opinion and associations defending women’s rights, will now be able to reach Congress on Monday. Four days before March 8, International Women’s Day, this date will be very symbolic. A three-fifths majority will be necessary in the prestigious Congress hall of the Château des Yvelines for definitive adoption, but there is no doubt in view of the successive votes of the two Assemblies.
The Congress has only met twice since the Head of State came to power: in 2017 and 2018, each time in July, the President of the Republic set out the broad outlines of his policy before national representation. The last constitutional revision dates back to 2008. Faced with the questioning of the right to abortion in the United States and in certain European countries, the executive had made this reform one of its priorities, resulting in a compromise text despite its lack of majority in both chambers. “The French expect us all to collectively live up to popular expectations, live up to past battles, live up to the universal vocation of France,” launched the Minister of Justice.
Semantic debate
The Senate was the hardest to convince: the three leaders of the senatorial majority – the president of the Senate Gérard Larcher, the president of the Les Républicains group Bruno Retailleau and that of the centrist group Hervé Marseille – were in fact opposed to the reform. “Useless laws weaken necessary laws,” regretted Senator LR Muriel Jourda, calling on Parliament to “not react under the influence of emotion”. His colleague Philippe Bas criticized the “strange concept of guaranteed freedom”. “A guarantee is an obligation. Our fear is that creative jurisprudence could create an enforceable right,” continued LR leader Bruno Retailleau.
Eric Dupond-Moretti called on the right to “not give in to a form of legalism which would distract us from the main thing”, refuting any creation of an “absolute, limitless right”. The amendment to delete the word “guarantee” was ultimately rejected by more than 100 votes, as was another proposal aimed at including in the Constitution the conscience clause of health professionals authorized to refuse to perform an abortion. By all accounts in the Senate, the constant mobilization of associations and parliamentarians committed to reform, as well as the pressure sometimes exerted by family circles, have pushed certain elected officials into the “for” camp.
For several weeks, the senators had been questioned on multiple occasions by associations and other groups from both camps, including those opposed to abortion. In anticipation of this suspenseful vote, several pro- and anti-constitutionalization rallies took place around the Senate on Wednesday.