With European elections due in June, Macron hopes the abortion move will put him in a stronger position against his opponents, including right-wing Marine Le Pen. (Image: Reuters)
Macron’s earlier decisions on immigration and pension reform had caused a stir in France, and the EU’s climate policies have forced French farmers to protest, thus the guaranteed right to abortion is being considered a balancing act by his Renaissance party.
France has become the first country in the world to make abortion a constitutional right. This means that abortion will now be a guaranteed right enshrined in the French constitution. France has gone ahead of some developed countries in the world since it legalised abortion in 1975.
The development comes at a time when the US, the world’s most powerful economy, is set to end the right to abortion in 2022 – a move that has upset not only feminists but also many progressive societies across the world, including some Asian countries.
How is this a political victory for Macron?
French President Emmanuel Macron has been criticised for taking “unnecessary” steps and tampering with the constitution for electoral gain. With Macron’s move supported by over 85% of French people, critics say it is only meant to please the left and quell any opposition to abortion.
Macron’s earlier moves on immigration and pension reform have caused a stir in France, and the EU’s climate policies have worried French farmers and the agricultural sector, thus the guaranteed right to abortion is being considered a balancing act by his Renaissance party.
Ahead of European elections in June, Macron hopes the abortion decision will put him in a stronger position than his main rivals, including right-wing Marine Le Pen.
What is the French law on abortion?
The law has been updated nine times since 1975, with the aim of increasing access. Even France’s Constitutional Council, which decides on the constitutionality of laws, has never questioned the right to abortion. Hence, critics insist that Macron’s move was unnecessary.
In a 2001 decision, the Council approved the right to abortion based on the notion of liberty outlined in the 1789 Declaration of Human Rights, which is part of the Constitution.
Will this be a misuse of the Constitution?
Many fear that the right to abortion will be interpreted as a right to have a child, and this will raise many questions about surrogate motherhood, gay marriage and carbon footprint targets.
“There is a French peculiarity which leads politicians – in an almost Pavlovian way – to seek constitutional change every time they want to give importance to an issue,” said Ann Levade. BBC,
The Vatican, which has always opposed abortion, said “there can be no ‘right’ to take a human life”. French Catholics have expressed similar sentiments.
It appealed to “all governments and all religious traditions to make their best efforts so that the protection of life becomes an absolute priority at this stage of history”.
How is America different?
About 14 states in the US have banned abortions since Roe v Wade was overturned by the Supreme Court in 2022. Two states – Georgia and South Carolina – have banned abortions after about six weeks of pregnancy.
Roe struck down laws that made abortion illegal in many states, and ruled that abortion would be permitted until fetal viability, the point after which a fetus can survive outside the uterus.
Fetal viability is the point at which a woman’s rights can be separated from the rights of an unborn fetus. The length of pregnancy, a metric applied in most countries, is calculated from the beginning of a person’s most recent menstrual period. Since many people recognize a pregnancy only after the sixth week, this timeframe before viability leaves women with little time to decide on an abortion.
What is the law in India?
Abortion is permitted up to 20 weeks of pregnancy, as per the Medical Termination of Pregnancy, 1971. After an amendment in 2021, the limit was raised to 24 weeks, but only in special categories like rape or incest survivors.
There is no time limit on abortion in case of fetal disability. In such cases, a medical board of specialist doctors in states and union territories takes a decision.