Luxembourg has approved a constitutional reform that introduces into its Magna Carta the so-called “freedom” to abort, thus becoming the second country in the world to constitutionalize abortion. The decision was adopted by Parliament with a wide majority, following the precedent of France, which incorporated abortion into its Constitution in 2024.
According to LifeSiteNews, the Luxembourg Chamber of Deputies approved the reform on March 1 with 48 votes in favor, six against, and two abstentions, thus exceeding the two-thirds majority necessary to amend the country’s Constitution.
A reform driven by the left
The initiative was initially promoted in 2024 by the left-wing party déi Lénk (“The Left”). The constitutional reform project was formally presented in May 2025 and subsequently reviewed by the Council of State, a body that exercises advisory functions in the Luxembourg institutional system.
During the parliamentary process, an intense debate arose over the formulation of the constitutional text. Some parties showed their opposition to abortion being recognized as a “right”, since that expression could imply a state obligation to guarantee its exercise.
Finally, the majority parties opted for the formula “freedom to abort”, an expression that enshrines the legality of abortion in the Constitution, although it allows maintaining certain legal limitations.
Current legislation on abortion
In Luxembourg, abortion is currently legal up to 12 weeks of pregnancy. However, in recent years, modifications have been introduced that have expanded access to this practice.
In July 2025, requirements that were part of the procedure were eliminated, including the mandatory three-day reflection period and the pre-abortion counseling session.
Additionally, Luxembourg legislation allows abortion in more advanced stages of pregnancy when the fetus presents what the law calls a “fatal fetal anomaly”.
During the parliamentary debate, expanding the legal deadline for abortion to 14 weeks was also proposed, as well as introducing into the Constitution a supposed “right to contraception”, although both proposals were ultimately rejected.
Warnings from international academics
Before the parliamentary vote, a group of international academics and jurists, including professors from universities such as Harvard and Oxford, signed an open letter addressed to the Luxembourg legislators.
In the document, they warned that the inclusion in the Constitution of the “freedom” to abort could end up being interpreted by the courts as a fundamental right, expanding its legal scope in the future.
A monarch with limited powers
LifeSiteNews recalls that Luxembourg is a constitutional monarchy, but the head of state today has a very limited role in the legislative process.
This situation dates back to 2008, when the then Grand Duke Henri refused to sanction the law legalizing euthanasia. After that episode, Parliament decided to reduce the monarch’s powers so that his signature on laws would have only a formal character.
In this way, the promulgation of the constitutional reform will depend exclusively on the parliamentary procedure, without the head of state having effective capacity to block it.