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Why a French Senator Votes for Abortion Proposal Despite Objections

28-02-2024

Western Europe

Lennart Nijenhuis, CNE.news

Macron during an award ceremony of the Simone Veil prize. In the background, a photo of Veil, who legalised abortion in 1975. Photo EPA, Thibaut Camus

Politicians and constitutional law professors agree that embedding abortion in the constitution is mainly symbolic politics. Yet, it seems to be happening.

Anne-Marie Le Pourhiet asserts that there is a case of legal illiteracy within the French government. The emeritus professor is one of the constitutional specialists who have sought media attention in recent months; her profession is critical of Emmanuel Macron's proposal to enshrine abortion into the constitution. Le Pourhiet says the law is a "symbol for feminists." "Women have the freedom to have abortions, so a constitutional article adds nothing," the jurist told the French newspaper Le Figaro. "It is clear that Macron is trying to put his personal stamp on the constitution."

Anne Levade, a professor of public law at the University Panthéon-Sorbonne in Paris, supports Le Pourhiet's criticism. Additionally, she describes it as a sign of poverty that a judicial ruling in the United States has consequences for the French constitution. "In France, there is no risk that the right to abortion will be questioned, as it is in the US."

A series of other professors, in an op-ed in Le Figaro, cite a third argument against a constitutional amendment: enshrining the right to abortion in the constitution would conflict with the constitutional right of physicians to refuse treatment on the grounds of conscience. "Are judges able to prioritize these articles?" they wonder. According to the professors, even Simone Veil, who as a minister legalised abortion in France, would oppose the law: "She called abortion the last resort."

The predominantly right-wing Senate seems to pose a difficult hurdle for the proposal; a significant portion empathises with the arguments against the amendment. Yet, some will vote in favour, writes Le Parisien. Various senators may find it difficult to explain the legal counterarguments to their surroundings, the newspaper writes. "I prefer to be on the right side of history and not be seen as an anti-abortion senator," says Thierry Meignen. He will, therefore, agree to the proposal. The fact that public opinion is favourable to him will help; several senators cite a public opinion poll in which 86 per cent of French people seem to support the proposal.

Exploitation

Pro-life groups express concern about the developments surrounding the bill. One of the larger movements, Alliance VITA, states that Macron is "indecently exploiting the issue of abortion for political purposes."

But while Catholics are making themselves heard –the Vatican states that France is moving towards a "constitution against life"– Protestants are largely silent, notes Franck Meyer. The Protestant Committee for Human Dignity (CPDH) leader states that his movement is one of the few publicly criticizing the proposal. According to him, including abortion in the constitution "creates more of a problem than a solution." "The increase in the number of abortions shows a lack of help for vulnerable women," says Meyer. "Under the guise of freedom, the French government wants to get rid of that and continue to kill one in five children."

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