Public petition n°4251

Petitioner: Irene Montero Corzo

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To amend Article 12 of the Constitution as follows: 'The right to life and human dignity are inviolable'

The right to life is the most fundamental human right. It is the prerequisite for the exercise of all other rights. In several European democratic states, such as Germany, Spain, Portugal, Greece and Ireland, it is explicitly enshrined in the Constitution. Luxembourg is among the states that recognize this right indirectly through its accession to major international conventions on human rights and the rights of the child. However, the explicit inclusion of the 'freedom to abortion' in the Constitution creates, ipso facto, a glaring gap, which it is now essential to fill by enshrining the right to life in the Constitution, especially as the international conventions haven't been taken into consideration. Is it conceivable, in this new context, that the protection of the environment and animals should be elevated to constitutional status (2023 revision), without the protection of human beings being elevated to the same explicit status? It is now urgent to emphasize the universal and inclusive nature of every human being's right to life, in full accordance with Article 12, which states that 'human dignity is inviolable'. The right to life must indeed encompass every person, regardless of their gender, origin, way of life, economic situation, beliefs or opinions, mental or physical state of health, or indeed their stage of development, namely their age. It requires the protection of life from its beginning to its natural end, with particular attention paid to the weakest and most vulnerable. The requirement for political leaders to ensure peace in general and the security of each individual in particular stems from this and must remain linked to it. This is rightly emphasized by the abolition of the death penalty, also enshrined in the Constitution. It should be recalled in this context that the Declaration of the Rights of the Child emphasizes the need for legal protection 'both before and after birth', and that the Act of 15 November 1978 (amended in 2012, 2014 and 2025) requires, in its first article, 'respect for every human being from the very beginning of life'. It therefore seems difficult to conceive that the termination of an unborn human being could be recognized as a 'freedom' at the highest level of the legal hierarchy, whilst the protection of that life - which implies the right not to resort to abortion (i.e. the protection of every pregnant woman against any potential pressure) - would not enjoy the same status. On a symbolic level, a constitution that remained silent on the fundamental value of life, whilst enshrining the freedom (or right) to eliminate it, would undermine its own coherence and render Article 12-which states that 'human dignity is inviolable'-meaningless. A democratic state cannot afford such an institutional and ethical imbalance.