Part six of Patrick Laure’s series, looks at one of the Principality’s most sensitive contemporary debates, the place of abortion within Monaco’s legal, religious and constitutional identity...

History of abortion in Monaco

Monaco still prohibits voluntary termination of pregnancy, except in therapeutic cases or as a result of rape. The Catholic religion is the state religion here. However, things seemed to be changing.

The National Council had tabled a bill to regulate the practice of abortion in the Principality by proposing a framework guaranteeing safe access.

The issue of abortion in Monaco continued to be in the news in the Principality. At the end of January 2025, the National Council of Monaco confirmed that the issue of voluntary termination of pregnancy (abortion) would be addressed this year.

This has now been done. On 7 March, the information was released in a press release. “On International Women’s Rights Day, the National Council tabled a bill to regulate the practice of voluntary termination of pregnancy (abortion) in Monaco.”

Since 2019, women who have an abortion no longer face prison sentences in Monaco, but doctors can still be prosecuted, except for serious medical reasons or in cases of rape.

Any doctor who performs an abortion currently faces up to five years in prison and a fine, forcing Monegasque residents to travel abroad.

The elected representatives of the National Council have “taken their responsibilities” according to the terms of the press release.

The proposal included the following:

  • An exemption from the principle of prohibiting abortion up to 12 weeks of pregnancy, without the obligation to justify a reason.
  • Extending the time limit to 16 weeks for women who are victims of rape.
  • The introduction of a three-day reflection period to ensure an informed choice.
  • Allowing social services to cover the cost of the procedure, guaranteeing equal access to this practice.

It was specified that: “Abortion must remain an exception and not the norm.“

Bill No. 267 will therefore be put to a vote by elected representatives during the spring session. If this proposal is adopted, it will then be up to the Government to decide whether or not to turn it into a bill and send it back to the Assembly.

The Fall

On Wednesday 26 November 2025, during a public session of the National Council, the Minister of State officially announced the rejection of the legalisation of abortion in the Principality.

Before the elected representatives gathered in public session, the Minister of State detailed the reasons for the Prince’s Government’s decision not to turn the text adopted on 15 May by 19 votes to 2 into a bill. Following on from the explanations given by Prince Albert II, who told Monaco Matin that he understood “the sensitivity of this subject” and “the emotion it can arouse”, the Minister of State clarified the main argument based on Article 9 of the Constitution, which establishes Catholicism as the state religion (see below).

The Higher Committee for Legal Studies, consulted on the matter, concluded that the text would have led to the recognition of a genuine right to abortion, which is incompatible with Monegasque constitutional principles. “Only recourse to termination of pregnancy on the basis of a reasoned request based on considerations relating to the preservation of the physical, psychological and mental health of the woman would constitute a justifiable ground under Articles 243 and 24 of the Criminal Code,” the Minister of State clarified, before pointing out that four member countries of the Council of Europe – Poland, Malta, Andorra and Liechtenstein – have more restrictive abortion laws than Monaco.

The President of the National Council did not hide his disappointment. “I regret that in a country that we want to be modern, we are looking backwards rather than allowing ourselves to have a vision for the future,” he said. He then pointed out that Catholic identity “has never served to prohibit the evolution of the law when society has demanded it,” citing previous advances on contraception and the partial decriminalisation of 2019.

Compensatory measures announced

In return, the government is promising a sexual health roadmap: information and education related to sexuality and motherhood, including anonymous and free gynaecological consultations for young women up to the age of 21.

“I welcome the fact that our initial approach has nevertheless led to some progress, even if I have to describe it as minor. I particularly regret that they do not address the fundamental issue: the right of women to have control over their own bodies in their own country,” lamented Thomas Brezzo, before concluding his speech on a hopeful note: “Although we have not succeeded today, let us not doubt that others will take up the torch.”

This stance is guided by a desire for ongoing discussion and progress in the Principality, which the Minister of State echoes in his dialogue with the National Council.

We must acknowledge that the Principality of Monaco has a consistency that we lack, that we lack so much, romantically speaking.

At the time of the great discoveries and the Wars of Religion, rivalries between different groups of settlers already existed and the colonies of America were evangelised separately.

Catholics arrived on Christopher Columbus’s caravels and Protestants arrived with the Mayflower pilgrims. Quebec was Catholic and French, just as Nova Scotia was British and Anglican.

The principles of the old world were applied to the New World: “Such a region, such a religion.” Which, in politics, meant: “Such a king, such a faith.”

In contemporary politics, applied to Monaco, this is expressed as: “Such a prince, such a faith.”

Constitutional reminder
“We have resolved to endow the State with a new Constitution, which, by Our sovereign will, shall henceforth be considered the fundamental law of the State and may only be amended in accordance with the terms We have laid down.“

(Gouv.mc)

Art. 9. – “The Roman Catholic Apostolic religion is the State religion.”

Art. 23. – “Freedom of worship, freedom to practise religion in public, and freedom to express one’s opinions on all matters are guaranteed, except for the punishment of offences committed in the exercise of these freedoms.

No one may be compelled to participate in the acts and ceremonies of a religion or to observe its days of rest.”

As the member of the National Council rightly points out, “Article 23 does not preclude compliance with Article 9 of the same constitution.”

This decision by the government is therefore anything but strict compliance with constitutional law; at the very least, this refusal is a spiritual and dogmatic loophole.

During an interview with Monaco-Matin on the sidelines of the National Day celebrations, Prince Albert II confirmed the government’s refusal to follow up on the proposed law to authorise voluntary termination of pregnancy in the Principality. “I understand the sensitivity of this subject and the emotions it can arouse,” said the sovereign, justifying this position by respect for “the place of the Catholic religion in our country“.

The Head of State believes that “the current framework respects who we are“, referring to the legislative changes of 2009 and 2019, which established a “balance that respects our fundamental identity“.

However, in Belgium, on 29 March 1990, the decriminalisation of abortion was approved by 126 votes to 69, with 12 abstentions, in the Chamber of Deputies.

King Baudouin abdicated for 36 hours, invoking Article 82 of the Constitution on the “impossibility of reigning”. A Catholic, the king stated that his conscience would not allow him to sign the text on abortion, while accepting that this law was necessary for his country.

This was a subtle manoeuvre to come to terms with his subjects, if not with the universe.

Patrick LAURE
Secrétaire Particulier
+33 6 35 45 27 02
laurepatrick@wanadoo.fr

**The information provided in this article is for general informational purposes only and does not constitute legal advice. It is not intended to create an attorney-client relationship. Laws and regulations vary by jurisdiction and may change over time. Readers should consult a qualified legal professional for advice specific to their situation. The author and publisher are not responsible for any actions taken based on this information.