Europe 1 - USA 0: The European Parliament urges the right to abortion to be included in the EU Charter of Fundamental Rights after U.S Supreme Court overturned Roe v. Wade

13-06-2022

Idil Igdir

Women’s Rights Researcher, 

Global Human Rights Defence. 

The Supreme Court shockingly overturned Roe v. Wade on June 24, 2022, thus stripping women’s constitutional right to abortion in the country nearly 50 years later (Amnesty International, 2022). The shameful situation has caused America, once considered the "land of freedom", to turn into a "land of great violations" in the eyes of the world.

Since 1973, the groundbreaking Roe v. Wade decision was paving the way for women in America to have abortions in the first two trimesters of pregnancy (Mangan D., Breuninger K., 2022). But by overturning it, the clock began to turn back for women in the country as the rest of the world sought to protect and advance their reproductive rights.

This alarming situation caused a worldwide wave of protest, forcing lawmakers to call for the inclusion of the right to abortion in the Constitution, as in France (France24, 2022). This wave also hit the European Union. The European Parliament condemned the U.S abortion ruling and called for the right to have an abortion to be included in the EU Charter of Fundamental Rights, which brings together “the most important personal freedoms and rights  enjoyed by citizens of the EU into one legally binding document” (Citizens Information, N.D). MEPs subsequently voted for a non-binding resolution on July 7, 2022, which was passed with 324 votes in favour, 155 against and 38 abstentions. It was a symbolic act to show solidarity with American women and to support safe and legal abortions. 

While the resolution does not impose any legal obligation on Member States, the EU Charter of Fundamental Rights does (Le Monde, 2022). That is, in order to take effective action, the right to abortion needs to be part of the Charter. But to amend it, all 27 Member States must agree. Therefore, in the face of this situation, barriers to women in the EU come from the Member States themselves, because some countries like Malta still ban abortion. Another problematic country that has come to the fore is Poland, given its recent policy change regarding abortion rights (Le Monde, 2022). 

Helena Dalli, the EU commissioner for equality, “told MEPs when the debate started on Monday, July 4, that in Europe, we should push forward, not backwards. Backsliding is not an option for a continent that aims for winning the future" (Le Monde, 2022). 

Sources and Further Reading: 

Amnesty International. (2022, June 24). USA: Supreme Court decision to overturn Roe v. Wade marks grim milestone in history of the United States. Retrieved 13 July 2022, from https://www.amnesty.org/en/latest/news/2022/06/supreme-court-decision-overturn-roe-wade/

Citizens Information. (N.D). Charter of Fundamental Rights. Retrieved 13 July 2022, from https://www.citizensinformation.ie/en/government_in_ireland/european_government/eu_law/charter_of_fundamental_rights.html

Le Monde. (2022, July 7). European Parliament demands that abortion be included in EU Charter. Retrieved 13 July 2022, from https://www.lemonde.fr/en/international/article/2022/07/07/european-parliament-demands-that-abortion-be-included-in-eu-charter_5989342_4.html

Mangan D., Breuninger K. (2022). Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights. CNBC. Retrieved 13 July 2022, from https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-ending-federal-abortion-rights.html