The Brussels-based commission representing the European Union’s Catholic bishops has deplored moves to have the right to abortion written into the EU’s Charter of Fundamental Rights, 18 months after this was first proposed by President Emmanuel Macron of France.
“Respect for the dignity of every human being in every stage of its life, especially in situations of complete vulnerability, is a fundamental principle of a democratic society,” Comece said in a statement. “EU member-states have very different constitutional traditions on the legal regulation of abortion, so constituting a fundamental right to abortion would go against the general principles of EU law.”
The commission was reacting to demands for all 27 member states to enshrine the right to abortion, in line with Macron’s February 2022 recommendation, which was backed by a June 2022 European Parliament resolution.
It said the right to abortion had never been recognised in international law or established by the European Court of Human Rights, and would breach national constitutional sovereignty unless enshrined by a major convention of EU heads of state and parliamentary leaders.
“There are no competences at the EU level for regulating abortion and it must be seen that fundamental rights cannot establish EU competences,” said Comece, which is headed by Bishop Mariano Crociata of Latina in Italy and has vice-presidents from Denmark, France, Lithuania and Portugal.
“Abortion engages the right to privacy in family life, but the state also has a legitimate interest in protecting unborn children, as well as a duty to ensure laws do not reinforce discrimination against people with disability or undermine the rights of conscience of healthcare professionals. Abortion is a legitimate focus of criminal and civil law, and the great majority of states have specific statutes that impose requirements and limits on the practice of abortion.”
In its 5000-word 2022 resolution, backed by Social Democrat, Liberal and Green MEPs in response to new abortion restrictions in the United States, the Strasbourg parliament said abortion should be considered a “fundamental right”.
It added that “criminalising, delaying and denying access to safe and legal abortion” constituted “violence against women and girls” and could “amount to torture or cruel, inhuman and degrading treatment”.
In February 2021, Comece also rejected a European Parliament resolution condemning a ban on “eugenic abortions” by Poland's Constitutional Court, and urged respect for member-states “exercising their exclusive competences”.
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