A proposal by The Left to embed abortion and contraception rights in Luxembourg's constitution has gained the backing of the Consultative Commission on Human Rights.

The Consultative Commission on Human Rights (CCDH) has delivered its opinion on the proposed revision of Article 15 of the Luxembourg constitution, which seeks to enshrine the rights to abortion and contraception. The proposal, introduced by The Left (Déi Lénk), is currently under review by the Institutional Affairs Committee.

The CCDH has expressed strong support for the initiative, describing it as a significant legal and symbolic advancement. On Thursday, the commission presented its detailed opinion, emphasising the potential impact of elevating these rights to constitutional status.

"This would represent an extremely important step forward, both legally and symbolically", said CCDH legal expert Rhéa Ziadé. She explained that embedding the right to abortion in the constitution would place it above ordinary legislation, ensuring that any related laws must guarantee access to these rights.

Ziadé also highlighted that constitutional protection would make it significantly more difficult to repeal existing laws on abortion. Additionally, individuals would be able to invoke this fundamental right in court, and the complex procedure for amending the constitution would act as a safeguard against policy reversals.

Acknowledging the sensitivity of the issue, CCDH President Noémie Sadler noted that the debate touches on deeply held personal convictions. However, she stressed that lawmakers must base legal frameworks on international law and universally recognised human rights rather than moral or ethical beliefs.

"International law clearly emphasises enabling a pregnant person to make an autonomous decision," Sadler stated. She underscored the importance of respecting individual autonomy, avoiding judgment, and refraining from speaking on behalf of those directly affected.

Concrete measures

The CCDH has identified several obstacles to accessing abortion and contraception in Luxembourg and proposed measures to address them.

While the CCDH supports the government's plan to abolish the mandatory three-day reflection period for abortions, it also advocates extending the legal time frame for abortions from 12 to 14 weeks. Additionally, Ziadé emphasised that doctors' conscience clauses should not undermine access to abortion services.

Ziadé noted that international guidelines recommend ensuring the availability of non-objecting doctors at all times, prohibiting the use of conscience clauses in hospitals or emergency situations, and requiring objecting doctors to refer patients to another provider.

The CCDH also stressed the importance of empowering minors and individuals under guardianship to make their own decisions about abortion without requiring parental or guardian authorisation. To further protect access, the commission proposed introducing an offence of obstruction. This measure would penalise anyone attempting to block access to abortion services or related information, similar to laws already in place in France.

The commission additionally called for broader reimbursement of contraceptives, including coverage for condoms, to improve access to contraception.