“The Constitutional Council has never explicitly and directly enshrined a right or freedom to have an abortion” | EUROtoday

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Vauthorized by the National Assembly, the constitutional invoice regarding the liberty to resort to voluntary termination of being pregnant [IVG] has simply landed on the Senate desk, which is able to debate it in a couple of days. If the Law Commission of the Second Chamber, very skeptical, restricted itself to “take note” of the textual content, the president, Gérard Larcher (Les Républicains, LR), declared from the outset that he was against the reform, thus becoming a member of the chief of his get together group within the Senate, Bruno Retailleau (Maine-et-Loire) .

Read additionally | Article reserved for our subscribers The inclusion of abortion within the Constitution doesn’t generate consensus on the correct

This assertion is stunning, as a result of the federal government textual content, which is developing for dialogue, may be very near the modification offered in February 2023 by senator (LR) Philippe Bas (Manche). Instead of a direct consecration of a proper to abortion, the Bas modification known as on the legislator to “determine the conditions under which a woman’s freedom to terminate her pregnancy is exercised”. Why reject an answer which, other than a couple of phrases, appeared to swimsuit everybody, relating to a proper that just about nobody dangers overtly contesting? The authorized dialogue on the advisability of reform coexists right here with one other determinant, a political one: the intense problem that the Republicans encounter in renouncing, on social questions, ideological positions which don’t seem able to enable a reconquest of their citizens.

Let's begin with the regulation. The authorized arguments mobilized by opponents of constitutionalization don’t win help. According to them, the correct to abortion isn’t in danger in our nation, as a result of it’s assured by regulation and acknowledged by our judges. None of this convinces. The Veil regulation of 1975 can rightly be thought of a serious regulation. But even nice legal guidelines aren’t resistant to problem.

An particular person proper

For its half, the Constitutional Council has by no means explicitly and immediately established a proper or freedom to abort, which it might very nicely have accomplished. Instead, he merely dominated that abortion legal guidelines have been merely in line with the Constitution, which isn’t the identical factor.

Read additionally (2023): Is the correct to abortion threatened in France? Understand in three minutes

Furthermore, he did so by contemplating that the legal guidelines on abortion needed to reconcile a number of ideas: that of “women’s freedom” and, extra surprisingly, that of the “dignity of the human person against any form of degradation”. It is obscure how this final precept comes into play right here: if it’s the dignity of girls, it’s already acknowledged within the first precept; then again, whether it is that of the embryo or fetus, the entire drawback is exactly whether or not or not it’s a human being within the eyes of the regulation. And, as typical, we all know little or nothing, when studying the choices of the Constitutional Council, about the best way during which the legislator should obtain the required steadiness between the 2 ideas.

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