Luxembourg's journey to constitutionalising abortion begins

On Monday, 15 September, a gathering of around 70 people took off outside the Chamber of Deputies. Through unrelenting rain, attendees included party members from the Left, the Greens, and LSAP as well as representatives of organisations including OGBL and Amnesty International.

The crowd displayed signs and banners, chanting "IVG dans la constitution" (Abortion in the Constitution) and "Liberté IVG" (Freedom of Abortion) as MPs and ministers arrived for their 10am committee meeting, where the topic of enshrining abortion into the Constitution would be discussed.

It was not a protest, Planning Familial organisers stated, but a gathering with one clear goal: to be present as supporters of an amendment to the Constitution, submitted by the Left.

"For them to see us and to hear us", said Planning Familial president Fatima Rougi, speaking to RTL Today before the event. "We want abortion rights to be in the constitution as a way to protect it before it's too late to protect."

For Planning Familial, Monday's gathering was also to present more women as the face of the movement. "There are a lot of men in the Chamber of Deputies, but the subject is really a women's subject", Rougi said. "We want to show them that you are making laws for us, so please, do us right."

Speaking to RTL Today outside the Chamber of Deputies, Ana Correia da Veiga on behalf of the Left explained the anticipated outcome: "It will be more clear what the position of the two big parties, DP and CSV, will have. [The parliamentary meeting] will also clarify some issues they may have. There will be some experts present, and we also did our homework, and will try to clarify what having the right to abortion in the Constitution means."

Presenting the motion today is the Left's Marc Baum, who arrived at the Chamber to applause from those gathered outside. Speaking to RTL Today, he said, "I hope that there will be a large majority in favour of [the amendment to] the Constitution. There are different MPs from CSV and DP, who have declared themselves in favour. So we'll have to see."

The Left's Marc Baum arrives / © Loretta Marie Perera

Parliamentary debates commence

This discussion is the next step in a widely discussed set of changes to abortion laws earlier this year. From the laws challenged, three (outlawing hymen reconstruction, virginity certificates, and a three-day reflection period) were accepted, and one was not: the push to shift the 12-week abortion term to 14 weeks. "France already made the change [from 12 to 14 weeks] and we want the same", Rougi added.

But for now the next step is a major one: to follow France's path in constitutionalising abortion. The seven parties making up Luxembourg's parliament have different opinions, with some strongly for, others strictly against.

When approached for a statement on the matter in July, both parties that make up the coalition government were hesitant to commit one way or the other, although the Christian Social People's Party (CSV) clarified that they were not considering reopening the debate on enshrining abortion into the Constitution at the time, while the Democratic Party (DP) stated that they aimed to make informed decisions based on a number of factors, all of which they say need and deserve to be considered. Among those factors are the main reasons leading to abortion, the average age of women getting abortions, and the number of cases.

Foreign Minister Bettel encourages the crowd / © Loretta Marie Perera

Stopping to address the crowd on Monday morning, Foreign Minister Xavier Bettel (DP) said, "It is important to strengthen a right that is already written." Stressing that abortion is a personal choice, Bettel added, "If something bigger than a law could protect abortion, I would support it."

Bettel's comments clarify what has been speculated – that for the CSV and DP, it is likely that votes will be cast as individuals instead of as a party as is typically done, with few exceptions.

Strong support from advisory bodies

Beyond parliamentary deputies, several organisations have also presented their support for the amendment, including the National Women's Council (CNFL) and CID Fraen an Gender.

On Saturday evening, CID reiterated their official support for constitutionalised protection of abortion and joined Planning Familial stating, "Our demand is clear: the right to voluntary termination of pregnancy must be enshrined in the Constitution. This is the only guarantee that this fundamental right cannot be challenged or restricted."

Two advisory heavyweights have also weighed in in favour: the Council of State, an independent institution responsible for providing opinions on draft laws and regulations, and the Consultative Commission on Human Rights (CCDH), a consultative body that advises the government on human rights matters.

"For us it's really important that those two big Luxembourgish institutions gave a green light for the proposition", said Rougi.

Rights for all

As a non-political organisation, Planning Familial is also keen to demonstrate their openness to all. While some parties support the right to abortion and others are against it, it matters not to the party-agnostic centre, who provide services, information, and support for sexual and reproductive health.

"For us, it's really important to be as open as we can. If you are from the left or the right or any party, you are welcome at Planning Familial. We don't discriminate because you are part of some kind of religion, organisation, or party. For us, if you need our help, we are there for you. That's it."

While the move for constitutional protection was largely inspired by France, Rougi says that it is also the geopolitical atmosphere that has contributed to the movement's urgency. "Abortion rights, human rights, and minority rights are in danger everywhere", she said. "We never know what is going to happen in the few months or years to come in Luxembourg. We are safe for now, but we want abortion rights to be in the Constitution as a way to protect it before it's too late to protect."

An attendee holds her child and a sign: "A child is a choice, abortion is a right" / © Loretta Marie Perera

What's next?

Following Monday's events, the next step could come in several forms. "We have some contacts who are going to tell us how the debate in the Chamber of Deputies went, and then we have an administrative council at the end of the month", said Rougi.

"From our point of view, [there should be] a more broad discussion on it – it will not be the Left saying it is our idea", said Correia. "We want to gather people from all over society to talk about it."

While discussions continue, the Left anticipates a parliamentary vote on the matter to occur within the year. Any constitutional amendment or addition will require a two-thirds majority in the Chamber.