Abortion debate: Did France walk so Luxembourg could run?

In Luxembourg this year, several political shifts have further developed the country's legislation on women's reproductive rights. Parliamentary discussion on enshrining abortion into the constitution kicked off on Monday, with all non-coalition parties in favour, with the exception of the Alternative Democratic Reform (ADR).

The Democratic Party (DP) has indicated support while leaving room for rewording the clause, and Luc Frieden of the Christian Social People's Party (CSV) has announced that abortion should be a freedom, not a right, stating that "the CSV stands by the conditions currently set out in the abortion law, and we do not want to change them."

This rings similar to what ensued in France last year. 

Right versus liberty 

In 2024, France became the first country in the world to enshrine abortion into the constitution. This landmark followed a massive U-turn for women's rights in the US as Roe v Wade was overturned. 

Markedly different to what is now in the French constitution, the original clause included a provision: "No one may infringe the right to voluntary termination of pregnancy and to contraception. The law guarantees free and effective access to these rights to any person who requests them."

To ensure congressional majority, an alternative clause was proposed, and ultimately accepted: "The law determines the conditions under which the freedom guaranteed to women to have recourse to voluntary termination of pregnancy is exercised."

What's important to note is that while this was a pioneering law for France and for the world, it does not amount to the right to abortion; it constitutionalises the freedom of women to have recourse to abortion. The termination of pregnancy itself falls within the limits determined by legislative power. 

What this in essence means is that while the French parliament cannot completely abolish or prohibit abortion, other conflicting laws could technically be introduced and make access to abortion near impossible (e.g. reducing the abortion term limit or limiting medical professionals who could perform the procedure).  

It's now Luxembourg's turn. The proposed amendment to Luxembourg's constitution reads: "The right to voluntary termination of pregnancy and the right to contraception are guaranteed. The law shall determine the conditions under which free and effective access to these rights is exercised."

If passed, this means that while abortion will be constitutionally protected as a right, the current practices concerning abortion will not change, and will continue to be regulated by law.

What remains to be seen is whether Luxembourg will follow France's footsteps in amending the clause to ensure freedom in order to gain parliamentary majority, or if the proposed goal of achieving the right will proceed. Another possibility is that votes are cast as individuals instead of along party lines – 2009's euthanasia law stands out as an example.

The French precedent 

The trend of France leading the way for civil and human rights goes way back. In 1791, for example, France became the first Western nation to decriminalise homosexuality. And during the French Revolution in 1792, a French law introduced a modern form of divorce, where both men and women could divorce on equal terms and remarry. This, at the time, was unique in Europe. 

It's also worth noting that not all these groundbreaking laws necessarily lasted – the equal right to divorce, for example, only stayed in place until 1804, at which point it was abolished under Napoleonic law, and then reintroduced under the Third Republic almost a century later in 1884.

In 2010, France became the first country in the world to declassify gender dysphoria as a mental illness and since 2017, transgender people have been allowed to legally change their gender without undergoing any form of gender reassignment surgery or receiving any medical diagnosis. 

In Luxembourg, gender transition is not classified as a mental illness, though transitioning does require psychiatric evaluation. In 2025, a new action plan drew criticism from LGBTQ+ groups. 

In the early 2010s, a series of French campaigns brought attention to the 'luxury tax' status of women's hygiene products. This culminated in 2016, when France became the first country in Europe to reduce the tampon tax from 20% to 5.5%, bringing the cost of menstrual products closer to other basic necessities such as shampoo or toilet paper. 

In 2019, Luxembourg lowered the VAT rate for feminine hygiene products to 3% (from 17%).

Germany was the first country in Europe to legalise the contraceptive pill in 1961, following the US in 1960 and with France following shortly after in 1967. Today in France, most forms of birth control are free for women under 25, while emergency contraception is free for girls under 18. Abortions are generally free. In Germany, various forms of contraception are free, but with an age limit of 22. Abortion in Germany is generally not free. 

Enter Luxembourg, who since 2023 has stepped ahead both regionally and internationally by making most prescribed contraceptives (this includes the pill, IUDs, contraceptive patches and emergency contraception, and excludes male condoms) free of charge, without an age restriction. Abortion here is free, too. 

On a broader scale, France has set the precedent for several global and regional issues: Following France's recognition of Palestine in July this year, for example, Foreign Minister Xavier Bettel was quick to say Luxembourg would consider following suit – while adding that it was not "just because France would do so in September". The government has recently indicated they would follow through. 

The path to changing rights 

Understanding how laws are passed in both countries requires a look at the different systems that lead there.

Luxembourg is a parliamentary democracy with a constitutional monarch. The process typically involves the government drafting a bill, which is then debated and amended by the Chamber of Deputies. Once approved, the bill is sent to the Grand Duke for formal approval.

While ordinary laws are passed by a simple majority, constitutional laws require a broader consensus – and sometimes a referendum.

France, on the other hand, is a semi-presidential republic with a National Assembly and a Senate. A bill proposed by the government or members of Parliament is examined and can be debated, amended, and voted on in either the National Assembly or the Senate, though both chambers must agree on the final text. In the case of any disagreements, the law may go back and forth or be subject to a joint committee – as was the case with 2024's abortion law. 

In a nutshell, once both chambers agree, the bill is promulgated by the President. Constitutional laws require a special procedure, which could include either a parliamentary vote with a special majority, or a referendum.

France's Civil Code has laid the civil foundation of many modern democracies, both in Europe and beyond. And while many laws stem from the French Civil Code, the code itself continues to advance and progress, as do the legislations in other countries who were once heavily reliant on or influenced by it. 

Luxembourg's own way 

Luxembourg's larger neighbours have indeed set the pace for social development and progress, but the Grand Duchy's own path isn't something to be overlooked.

While discussions, debates, and further considerations take place over the coming weeks and months, Luxembourg sits on the brink of an internationally significant decision – and one with the potential to surpass what was already a momentous decision for France. 

The debates have officially begun. It's now time to wait and see if Luxembourg steps up to match the world-first status of France – or if it manages to exceed it.