Luxembourg votes to enshrine abortion as constitutional 'freedom'

Deputies in Luxembourg's parliament took a step toward expanding abortion this week, with a wide majority approving an amendment that would enshrine abortion as a constitutional "freedom." One more vote, three months after the initial vote, must occur before that amendment can be officially adopted.

Key Takeaways:

• Members in Luxembourg's Parliament voted to enshrine abortion as a "freedom" in the nation's constitution.

• The same lawmakers will need to vote on the amendment one more time before it's enshrined into law. Each time, a two-thirds majority is required.

• During the debate, the "right" to abortion was changed to "freedom." However, legal scholars have warned that the language used will make little difference as to the amendment's implications.

• The amendment would not change current laws protecting preborn babies after 12 weeks.

The Details:

According to the European Conservative, lawmakers voted March 3 to add the following language to Article 15 of the nation's constitution:

The freedom to resort to voluntary termination of pregnancy is guaranteed. The law determines the conditions under which this freedom is exercised. 

Members of the House of Delegates approved the measure by an overwhelming majority, with a vote of 48-6 with two abstentions. Because constitutional amendments require two votes at least three months apart, each with a two-thirds majority without proxy voting, lawmakers will need to vote on the amendment one more time before it's enshrined into law.

If it garners final approval, Luxembourg would be the second country to enshrine abortion as a constitutional right, following France, which made its declaration in 2024.

Zoom In:

Abortion is currently legal in Luxembourg until the end of the first trimester (12 weeks) and, according to the Luxembourg Times, recent legislative efforts to expand those gestational limits have failed.

Notably, during debate, the amendment's language was changed from the "right" to abort to the "freedom" to do so. As the Luxembourg Times explained:

Parties had squabbled over the wording, with majority parties in parliament on Tuesday saying that the constitution enshrines both freedoms and rights. While freedoms represent an absence of government interference, fundamental rights create duties for the state to uphold, Carole Hartmann (DP) said.

The freedom to have an abortion would guarantee that women have a choice. However, that freedom is governed by laws, she said.

Supporters of the amendment reportedly believed the word "freedom" would mean that the country's current abortion restrictions would be protected. However, in February, a group of international legal scholars sent an open letter to the Luxembourg legislators, cautioning them that there would likely be little legal difference between the words "freedom" and "right."

As The Catholic Herald reported:

Citing an advisory opinion from the French Conseil d’État, the scholars warn that “any constitutional amendment to introduce a ‘freedom’ to abort is likely to be interpreted by judges as a constitutional right.” Whether or not the term ‘freedom’ rather than ‘right’ is used, “it would still be a constitutional command,” the letter states. “This means that it can no longer be changed by the ordinary processes of democratic government.”

The scholars also warned that the amendment's approval would make it “more difficult, henceforth, to change the law in either direction, according to the will of the people and their elected representatives.”

The Bottom Line:

Induced abortion is the direct and intentional killing of a preborn child. Regardless of what lawmakers say, it is never a right — nor a freedom — to kill an innocent human being.