A demonstration in support of the inclusion of abortion rights in the constitution was held in front of the Chamber of Deputies in mid-September 2025. / © Céline Eischen / RTL
After months of negotiation, lawmakers in Luxembourg have reached a long-awaited agreement to enshrine access to abortion in the country's constitution, not as a "right", as initially proposed, but as a "freedom".
1. A compromise
The proposal, originally put forward by MP Marc Baum from The Left (déi Lénk), centred on establishing a constitutional right to abortion. However, in order to secure the necessary support from the government majority, the wording was softened to guarantee the freedom to have an abortion.
Baum told RTL that he was pleased with the outcome, stressing that the difference between the two terms was minimal and that the essential goal, ensuring the text passes, had been achieved. He added that reaching such a compromise had been essential to obtain backing from the centre-right parties, whose votes were needed for the reform to pass the required 40-seat threshold in the Chamber.
During Monday's parliamentary committee on institutional affairs, all parties expressed support for the revised proposal except the Alternative Democratic Reform Party (ADR), which argued that it was unnecessary.
© Chambre des députés / Flickr
2. What the new constitutional clause says
The updated amendment will modify Article 15 of the constitution, within the section on public freedoms. The text states: "The freedom to have recourse to voluntary termination of pregnancy is guaranteed. The law determines the conditions under which this freedom is exercised."
Marc Baum welcomed the fact that his original draft remained largely intact, noting that the final version refers simply to the freedom to have recourse to abortion, rather than explicitly mentioning women's freedom to do so. He said this phrasing was deliberately more inclusive while preserving the spirit of his proposal, which aims to safeguard existing reproductive freedoms.
Once adopted, the constitutional amendment will make it more difficult to repeal abortion rights, as any future change would again require a qualified majority of at least 40 deputies.
Constitutional expert Luc Heuschling cautioned, however, that even constitutional protection cannot entirely prevent potential challenges.
Laurent Zeimet, chair of the parliamentary committee and member of the Christian Social People's Party (CSV), read out the amendment that secured the political consensus and will be submitted to a full vote.
3. Contraception left out of the deal
One casualty of the negotiations was the proposal to include contraception in the constitution. That part was ultimately dropped. Baum admitted that this was regrettable, saying the text would have been "more complete" had contraception been included. He acknowledged, however, that agreement on that point was impossible with the governing coalition of CSV and Democratic Party (DP), and said he could accept the compromise as long as the main objective was met.
Sven Clement from the Pirate Party (Piratepartei) commented that the final wording had to be something most MPs could support, while Simone Beissel of the DP insisted that the constitution should remain "clear and straightforward".
Contraception, which is free in Luxembourg, was ultimately removed from the text that will be added to the constitution. / © AFP
4. A strong symbolic step
According to Baum, the outcome was reached after extensive discussions. This step would make Luxembourg the second country in the world, after France, to enshrine access to abortion in its constitution.
Baum said he was pleased that such a large majority of deputies were willing to back the text, calling it a powerful symbol and noting that the issue had not provoked deep divisions.
Several MPs nonetheless underlined that abortion remains a significant and sensitive act, one that should not be trivialised but rather protected as a fundamental freedom.
5. Medical conscience remains safeguarded
The debate over the wording, "right" versus "freedom", was closely linked to doctors' freedom of conscience. Current law already protects medical professionals from being compelled to perform abortions, and this will remain unchanged. Under existing legislation, no doctor or healthcare worker can be obliged to carry out or assist in the procedure.
© Domaine public
6. Opposition limited
Despite its potentially divisive nature, the reform found broad political support. Apart from the ADR, all parliamentary parties helped move it forward. The CSV, which did not initiate the reform, nevertheless allowed it to proceed. CSV deputy Alex Donnersbach said in committee that strengthening women's freedom was the party's intention.
Civil society institutions also largely supported the measure. The Council of State had already approved the proposal unanimously in its earlier form. Only anti-abortion groups, including the association Œuvre pour la protection de la vie naissante and Cardinal Jean-Claude Hollerich, Archbishop of Luxembourg, voiced opposition. Hollerich's comments on RTL sparked widespread reactions.
7. What comes next
With deputies now in agreement on defining abortion as a constitutional "freedom", the text will return to the Council of State for review. The body had already expressed unanimous support when the draft referred to a "right."
Marc Baum said he did not foresee any obstacles ahead and expressed hope that the reform could be definitively adopted in early 2026, finally granting the additional legal protection long sought for abortion access.
As MP Sam Tanson of The Greens (déi gréng) reminded colleagues, women's rights remain vulnerable not only in the United States but also in parts of Europe. While such threats have not yet reached Luxembourg, MPs agreed that this constitutional guarantee would serve as a "non-regression clause", ensuring that the freedoms women enjoy today cannot easily be rolled back.
For women in Luxembourg, that already marks a significant victory.
