France enshrines abortion in its constitution

FRANCE — On March 4, the French constitution was amended to enshrine access to abortion. Article 34 now reads: « the law determines the conditions under which a woman’s guaranteed freedom to seek an abortion is exercised ».  The promulgation of the constitutional reform took place at the Palace of Versailles, in the presence of the prime minister, Gabriel Attal, and with the participation of the 925 deputies and senators of the French parliament. The bill was first announced in October last year by President Emmanuel Macron as a response to the repeal of Roe v Wade, the Supreme Court decision that protected the right to abortion in the US. After being passed by the National Assembly, the bill received final approval from the Senate in early March. France has thus become the first country in the world to explicitly protect access to abortion in its constitution.

GREECE — The Greek parliament has passed a bill to legalise same-sex civil marriage. The bill also allows for the adoption of children by gay and lesbian couples, but not access to surrogacy. Same-sex marriage recognition is a historic moment for Greece, making it the first Orthodox-majority country to do so. The first Greek same-sex wedding took place in early March in Athens when Stavros Gavriliades and Dimitris Eleysiniotis got married in the southern neighbourhood of Nea Smyrni.

GHANA — Ghana’s parliament has unanimously passed a draconian anti-LGBTQIA+ bill that imposes prison sentences of up to three years for people who identify as lesbian, gay, bisexual or transgender. It also punishes people who create or support LGBTQIA+ organisations with up to five years in prison. The law has not yet been signed by President Nana Akufo-Addo. International human rights organisations, such as the UN and Amnesty International, have urged the president not to do so. The 1960 Ghanaian Penal Code already criminalised gay sex as « unnatural carnal knowledge ». If it comes into force, the « Human Sexual Rights and Family Values » bill will criminalise LGBTQIA+ identity itself.

SPAIN  — The Basque parliament has passed a reform of its state laws relating to trans people, which would « guarantee the right of trans and intersex people to receive comprehensive and appropriate attention to their educational, health, legal and other needs from the Basque public administrations ». The reform also recognises the right of trans minors to be heard in their decision to change gender, and establishes that public institutions must ensure their protection and care. Spain as a whole passed a trans law in February 2023 that established that people over 16 can change their gender freely, while those between 14 and 16 can do so with parental consent.

RUSSIA — At least three people have been fined for showing the Pride flag since the Supreme Court designated the « international LGBT movement » as extremist and banned its symbols. In late January, a court in Nizhny Novgorod sentenced a woman to five days of detention for wearing rainbow-coloured earrings. In the other two cases, in Volgograd and Saratov, the fines were for posting the rainbow flag on social media, Human Rights Watch said. In addition, three LGBTQIA+ rights support groups have closed down for fear of prosecution, while police have raided several gay clubs since the ruling was issued. A first offence of displaying symbols of an extremist group can result in 15 days’ detention, while a repeat offence is punishable with up to four years in jail. A person who participates in or finances an extremist organisation faces up to 12 years in prison.

ARGENTINA — Deputy Rocío Bonacci, from Argentina’s ruling party, has presented a bill that would abolish access to legal abortion in Argentina, and would also eliminate rape or incest as legal grounds for a termination. The initiative was allegedly presented with the support of the Libertad Avanza bloc, party of the ultraconservative president Javier Milei. But several deputies clarified that neither they nor the president signed the bill. Argentina legalised access to safe and free abortion in December 2020. Since then, 245,000 voluntary terminations have been registered. As soon as he took office, at the end of 2023, Javier Milei ordered the closure of the Women, Gender and Diversity ministry and promised to abolish abortion.

US  — The two largest pharmacy chains in the United States, CVS and Walgreens, will begin selling the abortion pill mifepristone this month, after the move was approved by the Food and Drug Administration (FDA). This will make it easier for patients to access one of the two drugs that facilitate medical abortion. CVS will begin selling the pill in Massachusetts and Rhode Island, while Walgreens will offer it in New York, Pennsylvania, Massachusetts, California and Illinois. Availability will gradually expand to other states where abortion is legal. The Food and Drug Administration dropped in-person dispensing requirements for mifepristone in 2021, after the overturn of Roe v. Wade, the ruling that allowed abortion nationwide for nearly 50 years. The availability of the abortion pill mifepristone will be reviewed by the Supreme Court, with hearings beginning in March. A University of California study published in February found that abortions performed with pills delivered remotely via teleconsultation were safe and effective.

AFGHANISTAN — The Taliban regime is damaging the public health system, affecting millions of Afghans, especially women and girls, according to Human Rights Watch. Since the Taliban seized power in August 2021, restrictions such as mandatory hijab and male guardianship laws have prevented women from travelling to receive treatment. The Taliban’s ban on women working for humanitarian agencies has also deprived them of income, while creating additional obstacles to providing assistance equitably. In addition, donor decisions to reduce humanitarian aid have further weakened access to health care, destabilised the economy and worsened food insecurity, the group says.

JAPAN  — Pregnant women in prison have been handcuffed inside delivery rooms in Japan, contravening Rule 48 of the UN Standard Minimum Rules for the Treatment of Prisoners, which states that « instruments of restraint shall never be used on women during labour, delivery and immediately after birth ». During a parliamentary session on 8 February, Justice minister Ryuji Koizumi confirmed at least six violations of the directive between 2014 and 2022. The main causes of women’s imprisonment in Japan are theft and drug use or possession, sentences which could be suspended or replaced with community service.

SOMALIA  — A wave of femicides has triggered several protests in Mogadishu and different cities around Somalia. Three cases of women killed by their husbands shocked the public: two of the victims were pregnant, and one of them agonised for seven days in a hospital after her partner set her on fire. Somalia does not currently have specific laws to prevent domestic or gender-based violence. The awakening in Somalia recalls the recent massive protests in Kenya, where 31 femicides were registered in January. According to UN Women, Africa is the region with the highest level of violence against women and girls relative to the size of its population, registering at least 20,000 femicides per year, a figure that could be underestimated due to limited data availability.

US — For the first time in US history, a federal grand jury will decide a gender-based hate crime allegedly committed by a South Carolina man against a black trans woman. Daqua Lameek Ritter, 26, faces life in prison plus 25 years for using a firearm in the commission of a hate crime and obstruction of justice. Ritter is accused of shooting Dime Doe to death after his girlfriend discovered they were having an affair in August 2019. South Carolina and Wyoming are the only two US states without a hate crime law. This is the first case to be brought to a federal court following the adoption of the Hate Crimes Prevention Act in 2009.

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