20/03/2026
On 3 March, Luxembourg made headlines by taking a historic step towards recognising access to abortion as a constitutional liberty. With 48 out of 56 members of parliament voting in favour, the proposal surpassed the two-thirds majority needed to amend Luxembourg’s highest law, marking a significant moment in the ongoing fight for reproductive rights in Europe.
While abortion has been legal in Luxembourg since 1978, the proposal to include it in the constitution was initiated only in 2024. Enshrining abortion rights in the highest law helps to guarantee long term protection of women’s reproductive rights especially in the context of the changing political landscape. However, besides Luxembourg, only France and Slovakia currently have constitutional guarantees that protect abortion rights. The US rolled back the constitutional enshrinement of abortion rights in 2022.
Since the Constitution of Luxembourg can be amended only through two votes which are separated by at least three month break (Art. 131) , the final decision will follow no earlier than in June 2026.
Liberty, not right
While the initial proposal called for the right to accessible abortion, in the final amendment to the Article 15 of the Luxembourg Constitution it was re-worded into a freedom. This wording emphasizes on the legality of abortion and the possibility for women to make the choice themselves. At the same time, it does not imply any duty on the side of the government. This decision goes beyond mere semantics. To enshrine abortion as a liberty instead of a right was part of the compromise with the Christian Social People’s Party, made to reach the majority. The liberty frame leaves opportunity to some legal restrictions, which would be largely limited in case of phrasing it as a right.
However, constitutional freedom does not necessarily translate to accessibility of this procedure, as it remains regulated by ordinary law. The proposal to extend the time limit from 12 to 14 weeks failed, similarly to the suggested amendment that would guarantee the right to contraception. While enshrining abortion in the constitution recognises the importance of women’s bodily autonomy, there are still many legal obstacles to full recognition of reproductive rights.
A growing momentum?
The vote in Luxembourg came a week after the Commission’s response to My Voice My Choice European Citizens’ Initiative (ECI) that was published on 26 February. This ECI, demanding EU-funded solidarity for women unable to access safe abortion in their home countries has been supported by over 1.1 million Europeans, endorsed by several heads of governments, as well as a favourable vote of the European Parliament.
In response to the My Voice, My Choice demands, the Commission confirmed that EU funds can be used to guarantee access to safe abortion care. It marks a political commitment to safeguard women’s bodily autonomy.
These recent developments signal a growing momentum for abortion rights across Europe. From Luxembourg’s constitutional enshrinement to the European Commission’s commitment to support access to safe abortion, there are signs of progress. Yet, much work remains as access, affordability, and comprehensive reproductive health protections still vary widely across EU countries, and legal guarantees alone do not always translate into real-world access.