Inclusion du droit à l'avortement dans la charte des droits fondamentaux de l'Union européenne

Déposé par JeanPaul Garraud, Christine Anderson

– having regard to Supprimé: the European Convention on Human Rights of 1950, Ajouté: 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 Supprimé: the Convention on the Elimination of All Forms of Discrimination against Women of 1979, – having regard to Ajouté: Article 51 of the Charter of Fundamental Rights of the European Union (the Supprimé: Charter) of 2000, Ajouté: 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 Supprimé: its resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU1, Ajouté: Article 5(3) of the Treaty on European Union (TEU), – having regard to Supprimé: its resolution of 14 November 2019 on the criminalisation of sexual education in Poland2, Ajouté: Article 1 of the Protocol of 13 June 2012 on the concerns of the Irish people on the Treaty of Lisbon, – having regard to Supprimé: its resolution of 26 November 2020 on the de facto ban on Ajouté: Article 35 of the Charter, which states that ‘everyone has the right of access to preventive health care and the right to Supprimé: abortion in Poland3, Ajouté: benefit from medical treatment under the conditions established by national laws and practices’, – having regard to Supprimé: its resolution of 11 November 2021 on the first anniversary of the de facto abortion ban in Poland4, Ajouté: 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 Supprimé: 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, Ajouté: Article 10 of the Charter, – having regard to the UN Supprimé: 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. Ajouté: 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.

Texte tel que publié par le PE, en anglais. PE760.611