Key highlights:
- On March 4, 2024, France achieved a historic milestone by becoming the inaugural nation to incorporate the “freedom of women to voluntarily terminate a pregnancy” into its Constitution.
- Women have the option of obtaining abortions in over 40 European countries, spanning from Portugal to Russia.
- As of December 31, 2020, 28% of ambassadors and directors were women, showcasing a continual upward trajectory in alignment with France’s dedication to a feminist foreign policy.
France, propelled by the influential ideas of feminist pioneer Simone de Beauvoir and her 1949 philosophical masterpiece, “The Second Sex,”, has now etched the freedom for women to make autonomous decisions about terminating pregnancies into its Constitution.
On March 4, 2024, France achieved a historic milestone by becoming the inaugural nation to incorporate the “freedom of women to voluntarily terminate a pregnancy” into its Constitution. This momentous step resonates as a universal declaration of support for women around the world. Furthermore, France’s commitment extends globally through its feminist foreign policy, actively advocating for gender equality on the international stage.
Abortion is widely permitted throughout Europe, and governments have been progressively enhancing abortion rights, albeit with certain exceptions. Women have the option of obtaining abortions in over 40 European countries, spanning from Portugal to Russia, each with its own regulations regarding the permissible timing during a pregnancy. However, abortion is prohibited or tightly regulated in Poland and a few small nations.
The 2022 decision by the US Supreme Court, which reversed longstanding abortion rights, served as the impetus for the French parliament’s resounding vote to introduce a constitutional amendment affirming “the freedom of women to seek an abortion, a right that is guaranteed.”
At present, the Ministry for Europe and Foreign Affairs boasts a strong female presence, with women occupying diverse roles. As of December 31, 2020, 28% of ambassadors and directors were women, showcasing a continual upward trajectory in alignment with France’s dedication to a feminist foreign policy.
Also, the feminist foreign policy has made a significant global impact, particularly in India. India’s longstanding dedication to women’s rights, demonstrated through active participation in international forums and partnerships, aligns with the objectives of France.
Beauvoir’s Call for Universal Abortion Access
Beauvoir criticized the widespread hypocrisy of her time, where women faced legal consequences for resorting to clandestine abortions. Despite the prevalence of abortion during her era, women could be imprisoned for up to 5 years for undergoing the procedure.
The denial of abortion rights reflects broader institutional oppression rooted in patriarchy. Beauvoir advocated for universal access to free, safe, and legal abortion, emphasizing that clandestine procedures often resulted in severe consequences such as hemorrhaging, septicemia, and death.
In 1971, Beauvoir authored the “Manifesto of the 343,” endorsed by prominent women admitting their abortion experiences. Published in Le Nouvel Observateur, the manifesto declared, “One million women in France have abortions every year. Condemned to secrecy, they do so in dangerous conditions.”
This act of civil disobedience played a crucial role in the enactment of the Veil law 4 years later, named after Health Minister Simone Veil, decriminalizing abortion for French women.
Abortion Laws across Europe
Poland, a predominantly Catholic nation, has implemented stringent restrictions on abortion, permitting it only in cases where a woman’s life or health is at risk or if the pregnancy results from rape or incest. Until 2020, abortion was also allowed in instances of congenital defects, but this provision was abolished. The topic of abortion has become a contentious issue under the new government led by Donald Tusk.
In the United Kingdom, the legalization of abortion was initiated by the 1967 Abortion Act, permitting the procedure up to 24 weeks of pregnancy with the approval of two doctors. Abortions beyond 24 weeks are allowed in specific circumstances, including threats to the mother’s life. Notably, in England and Wales, women undergoing abortions after 24 weeks can face prosecution under the 1861 Offences Against the Person Act.
Italy, despite facing pressure from the Vatican, secured access to abortion in 1978. The country allows women to terminate pregnancies upon request within the first 12 weeks or later if the woman’s health or life is in jeopardy.
In Russia, women can legally undergo abortion without conditions for up to 12 weeks, up to 22 weeks in cases of rape, and at any stage for medical reasons. The push to restrict abortion rights gained momentum following Moscow’s invasion of Ukraine in 2022. Since 2023, 7 regions in Russia have enacted laws that impose penalties on those found guilty of “coercing” women into abortions.
The MTP Amendment Act 2021 and India’s Stand on Women’s Rights
Throughout history, India has consistently upheld robust global commitments in support of women’s rights. These include active endeavors to achieve the objectives of Sustainable Development Goal 5, participation in the 2019 Biarritz Partnership for Gender Equality, and the recent acquisition of membership in the United Nations Commission on the Status of Women.
Abortion Laws in India have evolved over time, with a historical background rooted in the colonial-era Indian Penal Code of 1860, which initially criminalized abortion except in cases where it was necessary to save the mother’s life. However, a significant shift occurred in 1971 when India legalized abortion with the enactment of the Medical Termination of Pregnancy Act (MTP Act).
The MTP Amendment Act of 2021 marked a significant development by increasing the gestational limit for abortion from 20 to 24 weeks. This change aimed to provide women with more flexibility in their reproductive choices and extended benefits to all women, including single and unmarried women. The amendment was accompanied by the MTP (Amendment) Rules of 2021.
The current scenario surrounding abortion laws in India prompts questions about reproductive autonomy and women’s rights, as the right to decide about one’s body is considered fundamental, and any restrictions on abortion may impinge on this autonomy.
In conclusion, France’s groundbreaking incorporation of the “freedom of women to voluntarily terminate a pregnancy” into its Constitution on March 4, 2024, sends ripples of empowerment echoing worldwide. As France paves the way, it calls on nations to join hands in recognizing the significance of reproductive autonomy for women globally.
