Women empowerment issues – Jobs,Reservation and education

France enshrines Right to Abortion in Constitution

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Right to Abortion

Mains level: Abortion Debate: Aspects of Morality, Women's Bodily Rights

abortion

In the news

  • France’s historic decision to enshrine the right to abortion in its constitution marks a pivotal moment in the global struggle for women’s reproductive rights.
  • Against the backdrop of International Women’s Day, this groundbreaking amendment underscores France’s commitment to upholding women’s autonomy and healthcare choices.

Debate:

  1. Right to ‘Bodily Autonomy’ of Women is paramount.
  2. ‘Right to Life’ of the foetus is paramount.

France’s constitutional council previously upheld abortion rights based on the notion of Liberty enshrined in the 1789 Declaration of the Rights of Man.

Why discuss this?

  • The legislative journey leading to this transformative reform and its implications resonate far beyond France’s borders, resonating with ongoing debates on reproductive rights worldwide.

Abortion in France: Legislative Progression

  • National Assembly and Senate Approval: Initially passed by the National Assembly in January, the amendment received unanimous support from the Senate last week, culminating in a joint parliamentary session for final ratification.
  • Bipartisan Consensus: With an overwhelming majority of legislators voting in favor, the reform underscores broad bipartisan consensus on safeguarding women’s reproductive freedoms.
  • Constitutional Modification: The amendment elevates abortion from a statutory right to a constitutionally guaranteed freedom, solidifying its legal protection against potential legislative changes.

Amendment Provisions

  • Constitutional Revision: The amendment revises Article 34 of the French constitution, stipulating that women’s freedom to terminate pregnancies is constitutionally guaranteed.
  • Preservation of Existing Rights: By mandating that future legislation uphold existing abortion laws, the amendment ensures continuity and stability in reproductive healthcare policies.
  • Global Context: Acknowledging global trends of encroachment on abortion rights, the legislation reaffirms France’s commitment to resisting regressive measures that curtail women’s autonomy.

Global Implications

  • Unprecedented Precedent: France becomes the first nation to embed abortion rights in its constitution, setting a groundbreaking precedent for global reproductive justice movements.
  • European Landscape: Amidst escalating efforts to restrict abortion access in some European countries, France’s bold initiative offers a beacon of hope and inspiration for defenders of reproductive rights across the continent.
  • European Charter of Fundamental Rights: The amendment’s resonance with fundamental rights principles may catalyze broader efforts to incorporate abortion protections into the European Charter of Fundamental Rights.

Public Reception and Political Landscape

  • Public Support: Reflecting widespread public sentiment, opinion polls indicate overwhelming support for constitutionalizing abortion rights, with 81% of respondents endorsing the reform.
  • Political Consensus: Unlike the polarized discourse on abortion in some countries, France’s political spectrum exhibits remarkable unity in upholding women’s reproductive autonomy.
  • Criticism and Allegations: While critics decry the reform as a political maneuver by President Macron to court left-leaning factions, its substantive impact on women’s rights remains undeniable.

Global Abortion Landscape

  • European Context: Against the backdrop of escalating abortion restrictions in some European nations, France’s progressive stance contrasts starkly with regressive measures adopted elsewhere.
  • Global Reverberations: France’s pioneering initiative may reverberate globally, emboldening movements to advance abortion rights and combat legislative regressions worldwide.

India’s Abortion Policies

  • Legal Framework: India implemented the Medical Termination of Pregnancy (MTP) Act in 1971, allowing abortions under specific conditions up to 20 weeks, with recent amendments extending the limit to 24 weeks in certain cases.
  • Recent Amendments: The 2021 amendment extends the permissible gestational limit for abortions and streamlines the approval process for certain categories of pregnancies.
  • Continued Advocacy: While India’s legal framework for abortion is comparatively progressive, ongoing advocacy efforts seek to further enhance access to safe and legal abortion services nationwide.

Pregnancy Laws in India:

 

  • The Medical Termination of Pregnancy (MTP) Act, enacted on April 1, 1972, applied to all of India except Jammu and Kashmir.
  • Section 312 of IPC Code, 1860, criminalizes voluntarily causing miscarriage, even with the pregnant woman’s consent, except to save her life, leading to potential prosecution for abortion.
  • The MTP Act, 1971, permitted pregnancy termination in two stages:
  • Up to 12 weeks after conception, abortion required a single doctor’s opinion.
  • Between 12 to 20 weeks, two doctors’ opinions determined if continuing the pregnancy posed risks to the woman’s life or mental/physical health or if the child would be seriously handicapped.

Amendments in 2021:

  • The law now allows abortions up to 20 weeks based on one doctor’s advice.
  • For pregnancies between 20 to 24 weeks, two doctors’ opinions are needed.
  • Specific categories eligible for termination under section 3B of the MTP Act rules include survivors of sexual assault, minors, marital status changes, physically disabled women, mentally ill women, foetuses with severe abnormalities, and pregnancies in humanitarian settings.

Conclusion

  • By embedding abortion rights within its constitutional fabric, France sets a transformative precedent for advancing women’s autonomy and healthcare choices worldwide.
  • As the international community grapples with escalating threats to reproductive rights, France’s bold stance offers a beacon of hope and solidarity for women everywhere, underscoring the imperative of safeguarding reproductive freedoms as fundamental human rights.

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