Luxembourg becomes second country worldwide to enshrine abortion rights in constitution

Luxembourg lawmakers on Tuesday voted to enshrine the freedom to have an abortion in the country’s constitution.

The amendment makes Luxembourg only the second country in the world to protect women’s reproductive rights in its highest laws. France had led the way in 2024 in response to the US Supreme Court’s reversal of Roe v. Wade in 2022, which had granted access to abortions nationwide.

“We see throughout the world that women’s rights are in the firing line,” said Marc Baum (déi Lénk), adding that populist, right-wing and fascist regimes are wielding their might by exercising power over women. “This vote in the chamber is historic. It’s also about what side of history we are on. It’s whether we are willing and capable to defend out democratic values.”

Out of 60 members in parliament, 56 cast their vote, with proxy votes not allowed for a constitutional amendment. A majority of 48 lawmakers backed the change, with six people voting against it and two members of parliament abstaining.

Marc Baum had introduced the proposal to enshrine the right to abortion in the constitution in parliament © Photo credit: Chris Karaba

Out of 60 members in parliament, 56 cast their vote, with proxy votes not allowed for a constitutional amendment. A majority of 48 lawmakers backed the change, with six people voting against it and two members of parliament abstaining.

Luxembourg’s left-wing party déi Lénk in 2024 submitted a proposal to the Chamber of Deputies to add the right to an abortion to the Grand Duchy’s constitution. A draft law submitted in May 2025 received the State Council’s approval in June.

The State Council – Luxembourg’s de factor upper chamber – must review all draft laws to ensure they are legally sound and comply with the constitution.

Freedom or right

The proposal by déi Lénk to enshrine a “right” to an abortion was re-worded into the “freedom” to have an abortion during the legislative process.

Parties had squabbled over the wording, with majority parties in parliament on Tuesday saying that the constitution enshrines both freedoms and rights. While freedoms represent an absence of government interference, fundamental rights create duties for the state to uphold, Carole Hartmann (DP) said.

The freedom to have an abortion would guarantee that women have a choice. However, that freedom is governed by laws, she said.

A two-thirds majority in parliament is needed to amend the constitution, with advocates of Tuesday’s vote saying this would help protect women’s bodily autonomy in the long-term and make reproductive rights less vulnerable to changes in the political landscape.

Hartmann, speaking on behalf of the DP group in parliament, said that each of the party’s 14 members in parliament would vote according to their own conscience.

DP lawmaker Gérard Schockmel had opposed guaranteeing a right to abortion, saying it does not take into account the rights of the unborn child. He also described the debate as being spurred by what he called ruthless feminist ideology.

Other parties on Tuesday also said that they were not enforcing a single position for their lawmakers.

Luxembourg’s Christian Democrat CSV had previously decided to support the proposal, with speaker Laurent Zeimet on Tuesday saying the vote was for the people, reflecting changes in society and going with the times. His remarks came after criticism from right-wing MP Fred Keup who had questioned the party’s conservative credentials during his speech.

Getting an abortion in Luxembourg

Abortion in Luxembourg is available upon request up to the end of the first trimester of pregnancy. Late-term abortions are possible in case of fatal foetal anomalies or severe risks to the mother’s life. Doctors can also refuse to carry out abortions.

Lawmakers had previously scrapped a mandatory counselling session for women seeking an abortion, as well as a mandatory three-day waiting period between a medial consultation and the abortion procedure.

Medical abortions can be carried out by doctors licenced to practice in Luxembourg. The doctor does not have to be a gynaecologist or obstetrician. Medical abortions can also be carried out at a family planning centre.

Tuesday’s vote does not change applicable rules. A proposed reform by the Socialist LSAP to extend the abortion time limit from 12 to 14 weeks fell through during the consultation phase of the constitutional reform. An amendment to guarantee the right to contraception was also not adopted.

The ADR opposed the constitutional amendment, saying it would not create more security for women, as laws would continue governing access to abortion. Alexandra Schooss, speaking for the party, also said an ethical question should not be anchored in the constitution. The ADR also submitted a motion to subject the amendment to a referendum.

“We are not deciding on morals or ideology,” countered Sam Tanson (déi Gréng), saying that the amendment would guarantee a right that generations of women had fought for. A freedom in the constitution would help prevent that national laws in future could once again ban abortions, she said.

The amendment will not increase the number of abortions carried out, she said: “We’re not changing anything. We’re securing it.”