Attached to the protection of voluntary termination of pregnancy and contraception, the law commission considers that a constitutional revision is not necessary

2022-10-11 22:00:00

The possibility of recourse to voluntary termination of pregnancy (IVG) and contraception is not subject to any questioning in France. The “Veil” and “Neuwirth” laws, which opened up these rights to women, are now part of our fundamental legal heritage. The Senate is particularly attached to it. From these laws, the Constitutional Council has developed protective case law, which it derives from the freedom of women drawn from article 2 of the Declaration of the Rights of Man and of the Citizen of 1789 and which it reconciles with the principle of safeguarding the dignity of the human person against any form of degradation. France therefore already offers all the legal tools to guarantee abortion and contraception.

According to the law commission, the inclusion of a constitutional right to abortion and contraception, proposed on the initiative of the Ecologist – Solidarity and Territories group, is not justified by the situation encountered in our country. It imports a debate linked to the constitutional organization specific to the United States of America, which is very different from that of France. The purely proclamatory and symbolic approach, desired by the authors of the text, is not in keeping with the spirit of the text of the 1958 Constitution and does not make it possible to provide a response to the difficulties which may be encountered in practice for the access to abortion. In doing so, it puts at the heart of the news a subject on which there is no questioning.

Consequently, on the initiative of its rapporteur, Agnès Canayer, the law commission rejected the proposed constitutional law.

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Consult the legislative file

The president of the law commission is François-Noël Buffet (The Republicans – Rhône).
The rapporteur of the constitutional law proposal is Agnès Canayer (App. Les Républicains – Seine‑Maritime).

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