Emmanuel Macron’s secret bill to include the right to abortion in the constitution

2023-10-28 21:56:00

The paragraph is already written. According to our information, Emmanuel Macron will submit a constitutional bill to the Council of State at the start of the week. This involves including voluntary termination of pregnancy in the 1958 text, as he announced on March 8 during the tribute paid to lawyer Gisèle Halimi. To article 34 of the Constitution, it will be added: “The law determines the conditions under which a woman’s freedom is exercised, which is guaranteed to her, to have recourse to a voluntary termination of pregnancy. »

Sensitive subject

A way of securing a right which, if not threatened in France, is suffering serious blows in many countries. The subject seems to Emmanuel Macron to be quite ripe as a bill to this effect was voted on in the Assembly in November 2022 and another text was also voted on in the Senate in February. It is moreover this digestion by the two chambers, and in particular by the Luxembourg Palace, which convinced him to move forward on the question. But without wanting to take the risk of letting the parliamentary process of constitutional revision come to an end. Because if such a text were voted on in the same terms by both assemblies, it would inevitably lead to a referendum.

For or once morest the inclusion of abortion in the Constitution? Nothing better to resurrect a “marriage for all” type debate with the obligation to leave, in the France of 2023, the “no” camp as much speaking time as the “yes” camp. The hypothesis was ruled out. On the other hand, following the senatorial elections, the field seems free. The Head of State had also announced his intention in his speech celebrating the 65th anniversary of the Constitution of the Fifth Republic on October 4. He explained that he was in favor of this project being completed ” as soon as possible “ in “bringing together points of view” between Assembly and Senate.

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LFI parliamentary niche

To this was added an element of urgency: the parliamentary niche of La France insoumise in the Assembly is scheduled for November 30. Mathilde Panot, president of the LFI group, planned to use the Senate text there; enough, in the event of a conforming vote in the Assembly, to open the door to a referendum.

“We will only agree to remove the text from our parliamentary niche if the government has tabled an ad hoc text, reserved for this question,” she argued.

The threat was clearly heard all the way to the highest levels of the state. This will indeed be a specific constitutional revision. Discussions have already taken place on this subject with numerous parliamentarians from the majority. After being presented to the Council of Ministers, within a few weeks, the bill should arrive before Congress in the spring. The wording of the new paragraph was carefully considered. It highlights the ” freedom ” women while the left demanded a ” right “. But by adding a ” guarantee ” on access to abortion, Emmanuel Macron visibly hopes to bring together at least three parliamentarians out of five and revise the Constitution for the first time since 2017.

PARAGRAPH OF ARTICLE 34 OF THE CONSTITUTION

“The law determines the conditions under which a woman’s freedom is exercised, which is guaranteed to her, to have recourse to a voluntary termination of pregnancy”

The right of women to control their bodies in 8 dates

1971 The “manifesto of the 343 sluts”, calling for legislation on abortion, is published in “Le Nouvel Observateur”.

1975 Entry into force of the law decriminalizing the use of abortion, promised by Valéry Giscard d’Estaing and supported by the Minister of Health, Simone Veil.

1982 Adoption of the Roudy law, which provides for reimbursement of abortion by Health Insurance.

1993 The Neiertz law creates the offense of obstructing abortion.

2001 Extension of the legal deadline for abortion, from ten to twelve weeks of pregnancy.

2014 The Vallaud-Belkacem law removes the condition of proven distress required by the Veil law to provide a right to abortion.

2016 Extension of the offense of obstructing abortion to digital platforms.

2022 The legal deadline for abortion increases from twelve to fourteen weeks of pregnancy.