On the inclusion of the right to abortion in the EU Charter of Fundamental Rights
B-9-2024-0208
on behalf of the PPE Group · Rapporteur: Jeroen Lenaers
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A motion for a resolution on including the right to abortion in the EU Charter of Fundamental Rights. It stresses that regulating abortion care lies with member states under subsidiarity, that the Charter does not extend EU powers, and that any Charter amendment needs unanimous approval by member states.¶¶¶ It calls on member states to ensure equal access to high-quality healthcare, maternity and pregnancy care, and economic and social support for pregnant women, and to implement rulings of the Court of Justice of the European Union and the European Court of Human Rights.¶¶
Key points
- States that all persons are entitled to inherent dignity and equal and inalienable rights, and that women have the right to bodily integrity and to take responsibility for their bodies and choices.¶
- Emphasises that responsibility for regulating abortion care lies with member states under the principle of subsidiarity, with the EU able to support, coordinate or supplement their actions.¶
- Notes that the right to abortion remains a contested issue with diverging views and legal frameworks across the EU, and that amending the Charter would require unanimous approval by member states.¶
- Recalls that the Charter does not extend EU scope to matters outside its remit, applies to member states only when implementing EU law, and that EU competence over abortion could increase access in some member states and restrict it in others.¶
- Calls on member states to ensure equal access to high-quality and comprehensive healthcare at all stages of life, including non-discriminatory maternity, pregnancy and birth-related care and maternal mental health support.¶
- Calls on member states to provide pregnant women with economic and social support.
- Stresses that member states should implement relevant rulings of the Court of Justice of the European Union and the European Court of Human Rights and update their legal and administrative frameworks accordingly.¶
Who is affected
- Member states: responsible for regulating abortion care and for ensuring healthcare access and support for pregnant women.¶¶
- Pregnant women: to receive economic and social support and non-discriminatory maternity, pregnancy and birth-related care.
- EU institutions: the Charter does not extend EU powers, and any amendment requires unanimous member state approval.¶¶
Legal basis: Articles 2 and 5 of the Treaty on European Union¶