Image – Shutterstock: Chamber of Deputies, Luxembourg
Lawmakers in Luxembourg have taken a major step toward embedding abortion in the country’s constitution, after parliament voted overwhelmingly to describe abortion as a constitutional “freedom.”
Deputies approved the amendment to Article 15 of the constitution by 48 votes to six, with two abstentions. However, constitutional amendments in Luxembourg require two votes at least three months apart, each with a two-thirds majority. A second vote will therefore be needed before the change can take effect.
If adopted, Luxembourg would become the second country to enshrine abortion in its constitution after France did so in 2024.
The amendment states: “The freedom to resort to voluntary termination of pregnancy is guaranteed. The law determines the conditions under which this freedom is exercised.”
Abortion is currently legal in Luxembourg during the first 12 weeks of pregnancy. The proposed constitutional change would not itself alter that legal limit, and previous attempts to extend the time limit for abortion have failed.
During parliamentary debate, lawmakers altered the wording of the amendment from a “right” to abortion to a “freedom” to abortion. Supporters argued that this distinction would allow the constitution to recognise access to abortion while still permitting lawmakers to regulate the practice through ordinary legislation.
Carole Hartmann, a member of parliament from the Democratic Party (DP), said the constitution contains both freedoms and rights, and argued that framing abortion as a “freedom” would mean it could still be governed by laws setting conditions for its use.
However, a group of international legal scholars warned Luxembourg’s legislators that the change in wording may make little practical difference. In an open letter sent to parliament earlier this year, they cautioned that courts are likely to interpret a constitutional “freedom” to abortion in much the same way as a constitutional “right”.
Citing an advisory opinion from France’s Conseil d’État, the scholars warned that once abortion is embedded in the constitution it could become far more difficult for future governments to amend abortion laws through normal democratic processes.
They argued that introducing such language into the constitution would create a binding constitutional command that judges could interpret broadly, limiting the ability of elected lawmakers to revise the law in the future.
The amendment will now return to parliament for its final vote later this year, where it must again secure a two-thirds majority before it can be formally adopted.
Speaking on the sad situation, SPUC’s CEO, John Deighan, said: “It’s deeply upsetting to see another European country go down the path of codifying the ‘freedom’ to end the lives of unborn children. This makes it far harder for Luxembourgish people who recognise the inherent dignity of the human person from the moment of conception to obtain justice for the unborn in the corridors of power. SPUC hopes that this move will be defeated in the upper chamber, and will be working closely with European partners to ensure this happens.”
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