France Enshrines Abortion Rights in the Constitution

The Manifesto of the 343, or "Le Manifeste des 343," was published on April 5th, 1971, in the magazine Nouvel Observateur. 343 women, under the guidance of philosopher and writer Simone de Beauvoir, shared their experiences of clandestine abortions, exposing themselves to legal consequences. Indeed, since 1920, a law had been in force in France, imposing penalties of up to six years for both women who decided to have an abortion and for doctors who provided the procedure. As a purely illustrative example, during the Vichy Government of 1943, Marie-Louise Giraud was sentenced to the guillotine for performing 27 abortions. The manifesto served as an example of civil disobedience and included signatures of influential women such as Catherine Deneuve and Gisele Halimi. Translated into English, it begins as follows:

"Every year in France, one million women have abortions. Condemned to secrecy, they are forced to do so in dangerous conditions when this procedure, performed under medical supervision, is one of the simplest. These women are veiled, in silence. I declare myself to be one of them. I have had an abortion. Just as we demand free access to birth control, we demand the freedom to have abortions."

Its publication had a substantial impact and significantly influenced public debate on abortion in France. Later, the manifesto inspired a declaration in support of abortion 331 doctors who published their own manifesto on February 3, 1973:

"We want the freedom to have abortions. It is entirely the woman's decision. We reject any conditions that force women to defend themselves, perpetuate an atmosphere of guilt, and allow clandestine abortions to continue to exist (…)."

With the Veil Law, enforced by the then Minister of Health Simone Veil, voluntary abortion was legalized in France in 1975, allowing women to have an abortion within the first ten weeks (later extended to twelve). Fifty-three years after the publication of the Manifesto of the 343 women, March 4th, 2024, marked a historic moment for France, becoming the first country in the world to ensure the right to voluntary termination of pregnancy in its constitution. This constitutional modification was approved with a broad consensus by deputies and senators gathered in Versailles, with a nearly unanimous vote that enshrined the inclusion of this fundamental right in Article 34 of the Constitution.

This decision sends a strong message to the rest of the world: the need to introduce constitutional protection for women, given how easily some governments are dismantling women's rights piece by piece. Indeed, this choice redeems a "moral debt" owed to all women, especially those forced into secrecy and those fighting for their rights globally, as explained earlier by Prime Minister Attal. Laurence Rossignol, a socialist senator, also denounced the anti-abortion policies of "Trump, Bolsonaro, Orban, Milei, Putin, not to mention the mullahs and theocratic dictators.”

Indeed, the French debate intensified after the United States Supreme Court's decision to overturn the landmark Roe v. Wade ruling, which had affirmed the legality of abortion. Since 2022, numerous federal and state governments (including those of Texas, Alabama, Missouri, Indiana, and Louisiana) have decided to block or make access to abortions impossible, often with dramatic consequences, especially for victims of rape, incest, and teenage pregnancies. Women whose health is endangered by pregnancy find themselves unable to make decisions about their own bodies and lives. They are treated not as human beings with free will over their lives, but as pawns in a game. For instance, in Poland, since 2020, abortion has been unconstitutional even in cases of severe fetal damage and life-threatening situations.

Describing the above-mentioned laws as restrictive seems an understatement; they set back the battles for women's rights and are also frequently invoked in Italy. Recently, a bill reached the Chamber of Deputies proposing that women seeking an abortion be required to listen to the fetus's heartbeat, similar to a law in Hungary.

Moreover, after the new guidelines issued in 2020, pharmacological abortion based on the administration of RU486, the abortion pill, is only possible in the clinics of two regions: Lazio and Emilia-Romagna.

Besides, just a few days ago, with the vote in the European Parliament, a clear indication was given to Member States: defend women's freedom and self-determination, their free choice over their own bodies. This was a vote for civilization and progress confirming Europe as the cradle of rights. Italy voted against it.

Yet, Law 194, which guarantees women the right to access voluntary termination of pregnancy (VTP) in a public facility (hospital or outpatient clinic affiliated with the region of residence) within the first 90 days of gestation, dates back to 1978, a staggering 45 years ago.

Clearly, despite abortion being provided by law, in Italy the right to abortion is strongly obstructed. Freedom of choice over reproductive health is not considered a true right.

Every year, there are approximately 73 million abortions worldwide. Of these, 45% (almost half) are performed in unsafe conditions. As for Italy, according to Istat estimates, in 2020 alone there were a recorded 66,413 abortions, while clandestine abortions amount to between 10,000 and 13,000 cases per year. Thus, restrictions do not impede abortions but prevent women from receiving adequate healthcare: as estimated by the Guttmacher Institute, one of the leading authorities on the subject, every year 39,000 women die from the consequences of clandestine abortions, and 7 million are hospitalized for their complications. 

When listening to the measures proposed by anti-abortion associations, one inevitably experiences a tightening in the chest: these unveil a precipice when it comes to the possibility for girls, for children, and for adolescents, to choose who they want to be, to self-determine beyond social norms that. Like increasingly heavy chains, these measured bind them to an almost obligatory woman-mother pairing, even at the cost of their own lives.

The right to abortion is always at risk, as France reminds us. Denying it means not only limiting women's freedom of choice but also drastically reducing their human rights.

Lavinia Morgante

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The contents of the article represent solely the ideas and opinions of the author and in no way the opinions of Bocconi University or the IUS@B association.

Bibliography: 

• La Repubblica: Aborto, la Francia è il primo Paese al mondo a inserirlo nella Costituzione. Una notizia di portata storica di Giulia Mattioli

• Luce: Aborto, quando gli ostacoli sul percorso spingono alla clandestinità di Giorgia Borgioli

• Skytg24: L'aborto diventa un diritto della Costituzione francese, ok dal Parlamento di Chiara Piotto

• Vatican news: Francia, approvato aborto in Costituzione. Paglia: la vita va tutelata in ogni momento

• Diritto.it: Francia: diritto all’aborto in Costituzione, una svolta per i diritti delle donne di Chiara