The President of the French Republic, Emmanuel Macron, has expressed his desire to revise the Charter of Fundamental Rights of the European Union to include the freedom to have voluntary abortions. This proposal was initially made in January 2022 during the French presidency of the Council of the European Union and was reiterated during the sealing ceremony of the Constitution on March 8, 2024, officially integrating the freedom to have abortions into the constitutional law. Macron once again mentioned this proposal during his speech on Europe on April 25, 2024 at the Sorbonne. This evolution defended by the President demonstrates his commitment to further guarantee this freedom – could this lead to the Europeanization of the right to have abortions through a revision of the Charter of Fundamental Rights?
The Charter of Fundamental Rights holds a binding legal value as it is the main source of protection of rights and freedoms by the European Union, with the same legal value as the treaties of the Union. The history of the Charter has been tumultuous – initially proclaimed at the adoption of the Treaty of Nice in 2000, it was not integrated into the Treaty on European Union for primarily political reasons. It was later included in the draft Treaty establishing a Constitution for Europe, but the lack of ratification by Member States, including France following the negative referendum in 2005, prevented its entry into force. It was only with the revision brought by the Lisbon Treaty signed in 2007 and entered into force in 2009 that the Charter gained legally binding value equal to that of the treaties, despite some opposition from certain Member States.
The Charter sets out a list of rights and freedoms that both the Union institutions and Member States commit to respect. This list is not exhaustive, and the constitutional revision of March 2024 demonstrated that laws can evolve, either expanding rights or regressing. This is also true for the Charter of Fundamental Rights, which could potentially be enhanced with new provisions, including possibly the freedom for women to have abortions. However, such an endeavor is not without challenges, as it requires a consensus among the Member States. The inclusion of the right to have abortions in the Charter would represent a significant step forward in ensuring women’s reproductive rights are protected at a European level.
Emmanuel Macron’s push to include the right to have abortions in the Charter of Fundamental Rights aligns with his broader vision of promoting gender equality and women’s rights within the European Union. By advocating for the Europeanization of this fundamental freedom, Macron is positioning France as a leader in advancing reproductive rights across the EU. This proposal reflects a progressive approach to women’s healthcare and autonomy, emphasizing the importance of choice and access to safe and legal abortion services. Macron’s consistent support for this issue highlights the significance of reproductive rights in the broader context of fundamental freedoms within the European Union.
