Historic Victory in France, But…, Daily Brief March 6, 2024

France made history on Monday. It became the first country to add to its national constitution an explicit recognition of the freedom to have an abortion.

On the one hand, obviously, it was a tremendous victory for human rights. Even though abortion has been legal in France since 1975, the positive vote by an overwhelming majority of France’s parliament confirmed it as a right at a more fundamental level.

On the other hand, equally obviously, it begs the question: how is it that, in the year 2024, there’s even a debate about whether a person has the right to control their own body? It’s self-evident that an individual should be free to decide questions about their own health.

So, while France’s move is of course welcome, it’s also a reminder of just how pathetically behind so many places are when it comes to human rights, even one as clear as the right to keep the government out of your body.

In some countries, things are going backwards. The 2022 US Supreme Court’s overturning of Roe v. Wade, which constitutionally protected the right to abortion on privacy grounds, opened the floodgates. Abortion is now restricted in 21 US states, and 14 US states have taken measures to criminalize healthcare providers who perform abortions.

As with so many political movements that aim to increase government power at the expense of individual rights, the abuses build and build beyond even the point of absurdity.

In the US state of Alabama, for example, the state supreme court ruled frozen embryos have the legal status of “children.” Meanwhile, Alabama law allows children – real children – to be beaten in schools.

But don’t think France is somehow now perfect either.

The new protection of abortion is a victory, but even in other areas of women’s rights, France’s government is not setting a shining example. As my expert colleague Hillary Margolis notes, the country still fails to sufficiently prevent violence against women, protect victims, and hold perpetrators accountable. France has had 31 reported femicides in 2024 so far.

France has also actively restricted women’s and girls’ dress, banning full-face veils in public places, head scarves in schools, and head coverings for athletes, including in national and international competitions. So, you have a right to decide what to do with your body, but not what you wear? It all disproportionately impacts Muslim women and girls, of course.

Of course, the confirmation of the right to abortion in France is good news. Not only does is bolster the rights of people in France, it also sends an important message internationally after attacks on abortion access and sexual and reproductive health rights elsewhere.

But it also reminds us there is so much more to be done everywhere, including in France.