Freedom to abort

“The right to abortion is legally established in France. Now, the ‘freedom to abort’ is set to receive symbolic constitutional status. The Senate has already approved it,” writes DER SPIEGEL.

President Macron’s proposal for a constitutional amendment in 2022 was a response to restrictions on abortion rights in the United States. The Supreme Court, largely composed of conservative justices, overturned longstanding abortion rights in mid-2022. Conservative-led states subsequently enacted strict abortion bans. In the U.S., this issue has sparked a fierce cultural battle, as reported by Deutschlandfunk.

In France, according to DER SPIEGEL, the inclusion of abortion “freedom” in the constitution primarily carries symbolic significance. Abortion on demand is legally guaranteed in France up to the 14th week of pregnancy. A survey at the end of 2022 indicated that 86% of French people support its constitutional inclusion. The proposed legislation mentions “freedom to” abortion but not “right to,” indicating a legally weaker formulation.

In Germany, where abortion remains a criminal offense under § 218 StGB, the federal government is also considering reform, as noted by Deutschlandfunk. A commission has been tasked to explore whether abortions can be regulated outside criminal law, with results expected in April. The fundamental question is whether abortions should remain illegal but exempt from punishment under certain conditions, or whether they should be quasi-legalized—an issue of high symbolic and directional significance.

Public opinion in Germany regarding the decriminalization of abortions has shown conflicting results in various surveys, as reported by Deutschlandfunk, with majorities sometimes in favor and other times against.