this post was submitted on 04 Mar 2024
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[–] faercol@lemmy.blahaj.zone 5 points 8 months ago

Actually, the way it's formulated is fairly negative.

It's written "the law determines the condition on which the guaranteed freedom to abortion is applied" (sorry for the unprecise translation, it's written in law language, so hard to really translate).

Which basically means three things.

It's considered a "freedom", not a "right". While it's been said that freedom and right means the same, it could very well not be the case in the future. And a freedom can be restricted, while a right is guaranteed.

"the law determines the condition" means that it can be restricted as wanted by the parliament, so it exists, but could be extremely restricted in the future.

Finally "women" is not neutral as a term, and voluntarily excludes trans people wanting to perform an abortion.

Not a lawyer, so my explanation is probably not that great, but yeah... It's really not as great as it's said to be.

Here's a source for what I explained (in French) : https://lesaf.org/constitutionnalisation-de-livg-un-leurre-grossier/