Inclusion of the right to abortion in the EU Charter of Fundamental Rights

Wording as published by the EP, in English.

1. Amendment 3 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Citations

   Tabled by JeanPaul Garraud, Christine Anderson · ID

   – having regard to Removed: the European Convention on Human Rights of 1950, Added: Article 168 of the Treaty on the Functioning of the European Union concerning public health, and in particular paragraph 7 thereof, which states that ‘Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care’, – having regard to Removed: the Convention on the Elimination of All Forms of Discrimination against Women of 1979, – having regard to Added: Article 51 of the Charter of Fundamental Rights of the European Union (the Removed: Charter) of 2000, Added: Charter), which states that ‘the provisions of this Charter are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity, and to the Member States only when they are implementing Union law’, – having regard to Removed: its resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU1, Added: Article 5(3) of the Treaty on European Union (TEU), – having regard to Removed: its resolution of 14 November 2019 on the criminalisation of sexual education in Poland2, Added: Article 1 of the Protocol of 13 June 2012 on the concerns of the Irish people on the Treaty of Lisbon, – having regard to Removed: its resolution of 26 November 2020 on the de facto ban on Added: Article 35 of the Charter, which states that ‘everyone has the right of access to preventive health care and the right to Removed: abortion in Poland3, Added: benefit from medical treatment under the conditions established by national laws and practices’, – having regard to Removed: its resolution of 11 November 2021 on the first anniversary of the de facto abortion ban in Poland4, Added: Article 3 of the Charter, which enshrines the right to the physical integrity of the person, the prohibition of eugenic practices linked to the selection of persons and the prohibition on transforming the human body or parts thereof into a source of profit, – having regard to Removed: its resolution of 24 June 2021 on the situation of sexual and reproductive health and rights in the EU, in the frame of women’s health5, – having regard to its resolution of 5 May 2022 on the impact of the war against Ukraine on women6, – having regard to its resolution of 9 June 2022 on global threats to abortion rights: the possible overturning of abortion rights in the US by the Supreme Court7, – having regard to its resolution of 7 July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s health in the EU8, – having regard to its resolution of 22 November 2023 on proposals of the European Parliament for the amendment of the Treaties9, – having regard to the WHO guidelines entitled ‘Safe abortion: technical and policy guidance for health systems’, – having regard to the WHO 2017-2021 strategy on women’s health and well-being in Europe: beyond the mortality average and to the 2016 action plan for sexual and reproductive health: towards achieving the 2030 Agenda for Sustainable Development in Europe – leaving no one behind, – having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152), – having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698), – having regard to the Universal Declaration of Human Rights, – having regard to the European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR), – having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence, which opened for signature in Istanbul on 11 May 2011 (the Istanbul Convention) and was ratified by the EU on 28 June 2023, Added: Article 10 of the Charter, – having regard to the UN Removed: Human Rights Committee general comment no. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, 1 OJ C 449, 23.12.2020, p. 102. 2 OJ C 208, 1.6.2021, p. 24. 3 OJ C 425, 20.10.2021, p. 147. 4 OJ C 205, 20.5.2022, p. 44. 5 OJ C 81, 18.2.2022, p. 43. 6 OJ C 465, 6.12.2022, p. 155. 7 OJ C 493, 27.12.2022, p. 120. 8 OJ C 47, 7.2.2023, p. 268. 9 Texts adopted, P9_TA(2023)0427. Added: Convention on the Rights of the Child, – having regard to the Programme of Action, adopted at the 1994 International Conference on Population and Development (ICPD), held in Cairo, and to the Beijing Platform for Action, adopted in 1995 at the Fourth World Conference on Women, held in Beijing, – having regard to the judgment of the Court of Justice of the European Union in Case C-34/10, Brüstle v Greenpeace1a, ________________ 1aJudgment of 18 October 2011, Brüstle v Greenpeace, ECLI:EU:C:2011:669.

2. Amendment 4 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Paragraph 3

   Tabled by JeanPaul Garraud, Christine Anderson · ID

   3. Removed: Urges the European Council to launch a Convention for the revision of the Treaties, as requested in its resolutions of 9 June 2022 and of 22 November 2023, and to adopt its proposal included in its resolution of 22 November 2023 to add sexual and reproductive healthcare and the right to safe and legal abortion to the Charter and amend it as follows: Article 3 Right to the integrity of the person and to bodily autonomy 2a. Everyone has the right to bodily autonomy, to free, informed, full and universal access to sexual and reproductive health and rights, and to all related healthcare services without discrimination, including access to safe and legal abortion; Added: Recalls that Member States have the sovereignty to decide on the lawfulness of abortion and to make their national law on access to abortion in accordance with this decision;

3. Amendment 5 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Paragraph 8

   Tabled by JeanPaul Garraud, Christine Anderson · ID

   8. Removed: Condemns the fact that, in some Member States, abortion is being denied by medical practitioners, and in some cases by entire medical institutions, on the basis of the ‘conscience’ clause; deplores the fact that this clause is often used in situations where any delay endangers the patient’s life or health; Added: Recalls that Article 10 of the Charter enshrines the right to conscientious objection; stresses, therefore, the law should never coerce or pressure health professionals to act in a way that contradicts their own medical ethics;

4. Amendment 6 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Paragraph 6

   Tabled by JeanPaul Garraud, Christine Anderson · ID

   Removed: 6. Urges the Member States to fully decriminalise abortion in line with the 2022 WHO guidelines, and to remove and combat obstacles to safe and legal abortion and access to SRHR; calls on Poland and Malta to repeal their laws and other measures concerning bans and restrictions on abortion; urges the Polish authorities to prioritise legislative efforts to ensure full access to safe and legal abortion as soon as possible; urges the Maltese authorities to immediately decriminalise abortion and provide access to safe and legal abortion in line with the 2022 WHO guidelines; Added: deleted

5. Amendment 7 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Paragraph 3 a (new)

   Tabled by JeanPaul Garraud, Christine Anderson · ID

   Added: 3a. Recalls that unanimity of the Member States is required to amend the Charter;

6. Amendment 8 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Paragraph 12 a (new)

   Tabled by JeanPaul Garraud, Christine Anderson · ID

   Added: 12a. Deplores the demographic crisis facing the European continent and considers that this context illustrates the need for Member States to implement policies to support the birth rate and families;

7. Amendment 9 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Paragraph 11 a (new)

   Tabled by JeanPaul Garraud, Christine Anderson · ID

   Added: 11a. Invites the Member States to implement measures to provide psychological support and assistance to women exposed to anxiety, depression and post-traumatic stress disorder that they may experience after having an abortion;

8. Amendment 10 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Recital A (new)

   Tabled by Margarita de la Pisa Carrión, Jorge Buxadé Villalba, Hermann Tertsch +13 · ECR

   Added: Aa. whereas paragraph 7 of Article 168 TFEU, which relates to public health, states that ‘Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care’;

9. Amendment 11 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

   Recital A b (new)

   Tabled by Margarita de la Pisa Carrión, Jorge Buxadé Villalba, Hermann Tertsch +13 · ECR

   Added: Ab. whereas Article 51 of the Charter stipulates that the Charter’s scope of application is restricted to Member States’ implementation of EU law, and that it cannot exceed the EU’s competences;

10. Amendment 12 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

    Recital A c (new)

    Tabled by Margarita de la Pisa Carrión, Jorge Buxadé Villalba, Hermann Tertsch +13 · ECR

    Added: Ac. whereas Article 53 of the Charter provides that the Charter may not be interpreted as restricting or adversely affecting human rights and fundamental freedoms;

11. Amendment 13 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

    Recital A d (new)

    Tabled by Margarita de la Pisa Carrión, Jorge Buxadé Villalba, Hermann Tertsch +13 · ECR

    Added: Ad. whereas any potential amendment of the Charter would require unanimous approval by the Member States, respecting the sovereign decision-making authority of each Member State;

12. Amendment 14 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

    Paragraph 1

    Tabled by Margarita de la Pisa Carrión, Jorge Buxadé Villalba, Hermann Tertsch +13 · ECR

    1. Recalls, once again, that Removed: SRHR are fundamental human rights which must be protected and enhanced and cannot in any way be watered down or withdrawn; Added: healthcare issues are a Member State’s competence and that, according to Article 168(7) TFEU, ‘Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care’;

13. Amendment 15 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

    Paragraph 3 a (new)

    Tabled by Margarita de la Pisa Carrión, Jorge Buxadé Villalba, Hermann Tertsch +13 · ECR

    Added: 3a. Rejects any amendments to the Charter that propose to limit or damage human rights, owing to their irrevocable, inalienable, and intrinsic nature for every human being, and out of respect for the existence and dignity of all persons;

14. Amendment 16 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

    Paragraph 4 a (new)

    Tabled by Margarita de la Pisa Carrión · ECR

    Added: 4a. Emphasises that treating abortion as a supposed human right deprives women of the support they deserve during pregnancy and motherhood, which, in turn, may give rise to situations being forced on women through lack of protection;

15. Amendment 17 · Motion for a resolution B9-0205/2024 (S&D, Renew, Verts/ALE, The Left, Members)Rejected

    Paragraph 5 a (new)

    Tabled by Margarita de la Pisa Carrión · ECR

    Added: 5a. Recalls that pregnant women are in a situation that requires special support and care, as do motherhood and childhood, and that a lack of support may bring about forced decisions;