A draft constitutional law to “engrave in our Constitution the freedom of women to resort to abortion [voluntary termination of pregnancy]” will be sent to the Council of State this week, Emmanuel Macron announced, Sunday October 29, on the social networks. The text will be “presented to the Council of Ministers by the end of the year”, so that “in 2024 the freedom of women to resort to abortion will be irreversible”, he specified.

This announcement from the President of the Republic comes seven months after making this commitment. Indeed, on March 8, International Women’s Rights Day, the President of the Republic promised to include the freedom to resort to abortion in the Constitution, in response to concerns arising from the cancellation a year ago and a half of the ruling guaranteeing the United States the right to abortion throughout the country.

A right currently recognized in ordinary law

The inclusion of abortion in the Constitution, a right currently recognized in ordinary law, would complicate any attempt by the legislator to suppress this right or seriously undermine it. Emmanuel Macron reaffirmed on October 4 his wish to see the inclusion of abortion in the Constitution come to fruition.

“I expressed my wish, on March 8, that we could find a text agreeing the points of view between the National Assembly and the Senate and allowing a Congress to be convened in Versailles,” underlined the Head of State. I hope that this work of bringing together points of view will resume and be completed as soon as possible. »

MP Mathilde Panot (La France insoumise, LFI) had a proposed constitutional law adopted in November at first reading in the Assembly, guaranteeing the “right to voluntary termination of pregnancy”. The Senate in turn adopted it in February but included the “freedom of women” to resort to voluntary termination of pregnancy (abortion) rather than their “right”.

The LFI group plans to reserve a place for this text in its November 30 niche so that the parliamentary shuttle continues. But Ms. Panot indicated on October 17 that she could withdraw this text if the executive tabled its own. Proceeding in this way should allow this provision to be adopted more quickly, without going through a referendum.