Written by Myfanwy Sequeira
Introduction
Access to safe abortion is an important right that allows a society to be fair and equal. It further allows a society to come to the realisation that making abortion accessible is a manifestation of respect for human rights, autonomy, and dignity[3]. “Around 47,000 women die each year as a result of seeking unsafe abortions”.[4] Amnesty International initially maintained a neutral stance on the abortion issue. However, in 2007, the organization revised its policy, advocating for the complete decriminalization of abortion and access for safe abortion and related care. This update prompted the United States Conference of Catholic Bishops (USCCB) to urge Amnesty to retract its support, leading to amendments in the policy and a clarification of its position[5].. Cardinal Renato Martino went as far as calling for the suspension of financial support from Catholic organizations and individuals[6].
In response, Amnesty International clarified that it does not accept funds from the Vatican and that financial support comes from individuals irrespective of their faith.
Amnesty International's position on abortion emphasizes women's human rights, particularly their freedom from fear, threat, and coercion, especially in cases of rape and other serious human rights violations[7]. In 2020, Amnesty International further revised its abortion policy to enhance its capacity for robust campaigning and advocacy on abortion issues, as well as to better assist local movements promoting sexual and reproductive rights. [8]
Amnesty International underscores the importance of safeguarding women's human rights instead of taking a moral stance on abortion. Alongside other women's rights activists, Amnesty International has diligently fought against restrictive abortion laws. The progress in this area, exemplified by changes in abortion laws in France, is also the result of the collective efforts of these advocates. This blog aims to spotlight such advancements in abortion rights.
France
France has recently garnered attention for becoming the first country to establish abortion as a constitutional right. Although abortion has been legal in France since 1975 under the "Loi Veil" (Veil Law), the legislature formally enshrined the right to terminate pregnancy under Article 34 of the constitution on International Women’s Day.
This constitutional amendment was prompted by concerns stemming from recent decisions in the United States Supreme Court. The accompanying rationale emphasized the vulnerability of even the most cherished rights and freedoms when they appear secure. Consequently, the head of state sought to convey "a universal message of solidarity to all women who today see this freedom violated" by incorporating the right to terminate a pregnancy into the constitution.
The article 34 of the French Constitution now reads, "The law determines the conditions under which the guaranteed freedom is exercised for women to resort to a voluntary termination of pregnancy.”[9]
The government is now obliged to enact the necessary measures to ensure the practical implementation of this right. This development marks a significant stride forward for women's rights.
It's noteworthy that the language of the article specifically mentions "women," potentially excluding trans men and non-binary individuals who may also require access to safe abortion services. Amnesty International has advocated for a more inclusive perspective[10] to ensure all individuals capable of pregnancy are not subjected to discrimination or barriers when seeking abortion care[11].
Conclusion
In conclusion, the recognition of access to safe abortion as a fundamental right is pivotal in fostering a fair and equal society that upholds human rights, autonomy, and dignity. The tragic statistic of around 47,000 deaths annually resulting from unsafe abortions underscores the urgent need for comprehensive reproductive health policies[12]. Access to safe abortion is not only essential healthcare but also a fundamental human right, yet those advocating for it often confront stigma, discrimination, and violence, sometimes at the cost of their lives. Dr. Anne-Beatrice Kihara, President of the International Federation of Gynecology and Obstetrics, underscores the challenges healthcare providers face, stating, "Abortion is essential healthcare. Yet, as healthcare providers, we are routinely faced by discrimination and violence for simply doing our jobs."
The right to abortion is not a matter of opinion but is firmly grounded in international standards and legal norms, as emphasized by Agnès Callamard, Amnesty International’s Secretary General. This right, underpinned by numerous human rights, including physical and mental integrity and the right to health, is essential for the dignity of all individuals capable of pregnancy. Upholding and defending this right is imperative to safeguarding the well-being of women, girls, and all individuals worldwide[13].
France's recent milestone in enshrining abortion as a constitutional right signifies progress toward universal commitment to reproductive autonomy. However, the language in the amendment, specifically mentioning "women," underscores the ongoing need for inclusivity in abortion rights advocacy to ensure access for all, including trans men and non-binary individuals.
Amnesty International's advocacy reflects a commitment to safeguarding women's human rights, while ongoing efforts are needed to ensure inclusivity and equality in abortion rights advocacy worldwide[14].
[1] Neil Armstrong, 'That's one small step for [a] man, one giant leap for mankind' (Speech, July 20, 1969)
[2] X, https://twitter.com/cartoonmovement/status/1765033542151499961/photo/2, [Accessed on 22 April 2022]
[3] Amnesty International, 'Amnesty releases updated policy on abortion' (Press Release, September 2020) https://www.amnesty.org/en/latest/press-release/2020/09/amnesty-releases-updated-policy-on-abortion/ accessed 22 April 2024.
[4] Ibid – Quote credits Rajat Khosla, Senior Director of Research and Advocacy.
[5] US Conference of Catholic Bishops, 'Urge Amnesty International to Rescind its New Abortion Policy' (June – July 2007), https://www.usccb.org/issues-and-action/human-life-and-dignity/abortion/upload/Urge-Amnesty-International-to-Rescind-its-New-Abortion-Policy.pdf [accessed 22 April 2024].
[6] Catholic News Agency, 'Cardinal Martino announces end of church's financial contributions to Amnesty International' (June 2007), https://www.catholicnewsagency.com/news/9625/cardinal-martino-announces-end-of-churchs-financial-contributions-to-amnesty-international [accessed 22 April 2024].
[7] Amnesty International, 'Amnesty International’s position on abortion' (Policy Document POL30/012/2007), https://www.amnesty.org/en/documents/pol30/012/2007/en/ [accessed 22 April 2024].
[8] Amnesty International, 'Amnesty releases updated policy on abortion' (Press Release, September 2020), https://www.amnesty.org/en/latest/press-release/2020/09/amnesty-releases-updated-policy-on-abortion/ [accessed 22 April 2024].
[9] Assemblée Nationale, Projet De Loi Constitutionnelle: relatif à la liberté de recourir à l’interruption volontaire de grossesse,, (December 2023), https://www.assemblee-nationale.fr/dyn/opendata/PRJLANR5L16B1983.html [accessed 22 April 2024].
[10] Amnesty International USA, France: Senate Vote on Recognizing Abortion in the Constitution Will Be “Decisive Step”, (February 2024), https://www.amnestyusa.org/press-releases/france-senate-vote-on-recognizing-abortion-in-the-constitution-will-be-decisive-step/#:~:text=Enshrining%20abortion%20in%20the%20French,scheduled%20for%20early%20March%202024. [accessed 22 April 2024].
[11] Têtu, IVG dans la Constitution : il faut protéger toute personne susceptible d’être enceinte, (February 2024), https://tetu.com/2024/02/26/tribune-inscription-ivg-dans-la-constitution-droit-femme-personne-enceinte/ [accessed 22 April 2024].
[12] United Nations News, Access to legal abortion services needed, to prevent 47,000 women dying each year - UN rights experts, https://news.un.org/en/story/2018/09/1021332 [accessed 22 April 2024].
[13] Amnesty International UK, 'Global people defending abortion rights are being stigmatized, abused, discriminated' (Press Release, https://www.amnesty.org.uk/press-releases/global-people-defending-abortion-rights-are-being-stigmatised-abused-discriminated [accessed 22 April 2024].
[14] Amnesty International, 'Human rights defenders and health workers who face widespread abuse and criminalization for defending the right to abortion must be better protected' (News), (Publication Date: November 2023), https://www.amnesty.org/en/latest/news/2023/11/human-rights-defenders-and-health-workers-who-face-widespread-abuse-and-criminalization-for-defending-the-right-to-abortion-must-be-better-protected/ [accessed 22 April 2024].