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Bill project on breastfeeding in public

3 days ago
4 min read

Law project on breastfeeding in public

Breastfeeding is highly political, and appearances can be deceiving.

Constance de Pélichy loses her breastfeeding-in-public-spaces challenge(See article: https://www.magcentre.fr/377686-allaitement-dans-lespace-public-constance-de-pelichy-a-gagne-son-challenge/)

In early August 2026, Constance de Pélichy, a member of parliament for Loiret, launched a challenge on social media: encouraging internet users to lobby their representatives to support the introduction of a law guaranteeing the right to breastfeed in public spaces. She wore a "milktamère" t-shirt and embraced activist-style communication, despite some accusations of opportunism.

On September 15, 2026, she won her bet: she officially introduced her bill, backed by 23 MPs, including Dominique Voynet and three representatives from Centre-Val de Loire (Richard Ramos, Antony Brosse, Christophe Marion).


Content of the bill

The law has two articles:

  1. Recognizing discrimination related to breastfeeding


    Article 225-1 of the Criminal Code would be amended to explicitly add "...breastfeeding..." to the list of grounds for discrimination.

  2. Freedom to breastfeed in any public place or private place open to the public


    The text states that:


    "Every woman is free to breastfeed her child in any place, public or private and open to the public, without being subject to a ban or restriction based solely on the fact of breastfeeding."

Any measure to the contrary would be considered discriminatory, except in cases of a compelling security or public health reason provided for by law. The offense of obstruction carries substantial prison sentences and fines.

What's at stake

  • Protecting women against remarks, exclusion, or bans when breastfeeding in public.

  • Providing a clear legal framework.

  • Normalizing breastfeeding in public spaces as a fundamental right.

Interestingly, few media outlets (to our knowledge, none at all) reported the full discussions. On social media, some people singled out LFI (France Unbowed) MPs who reportedly voted against the bill, with insinuations like "you see, these leftists who don't defend women...!"

That is indeed true — mostly women voted against it. But why?

It's often difficult to find video recordings of the debates, but when we do manage to get them, they let us see the full, unfiltered discussion — and that's a real opportunity for citizens to form their own opinion. Notably, the discussion remained very courteous and respectful.


The arguments against the bill were as follows:

  • Creating a criminal offense (6 months' imprisonment and a €7,500 fine) doesn't solve this sexism against breastfeeding women — prevention, including starting in adolescence, is a far better strategy.

  • The examples given concern institutions and businesses, but the text targets individuals.

  • One MP emphasized her wish not to describe breastfeeding as "natural," since many mothers are unintentionally excluded because they cannot — or choose not to — breastfeed.

  • There is obstruction both toward not breastfeeding (looks, guilt-tripping) and toward breastfeeding (pressure to breastfeed, including from family and friends).

  • Creating a new offense would add extra work for the courts; this issue should be addressed through education and prevention instead.

  • The description of "obstruction" is too broad, and the penalty is likely disproportionate.

  • Mothers who have faced remarks aren't seeking to have people sent to prison — they want practices to change, and to be able to act as they choose.

  • Article 225-1 of the Criminal Code, on discrimination, could already cover this type of situation.

  • The CNCDH (National Consultative Commission on Human Rights) showed that in a single year (2024), only 4 convictions were handed down under this article — it is essentially never used. In reality, the issue could already fall under this framework.

  • Finally, festivals already have internal regulations on sexism that require excluding people who behave this way from such events.

  • A reminder of the best interests of the child, and the necessity of breastfeeding on demand.


Conclusion

In light of this parliamentary debate, breastfeeding in public spaces appears to be a far more complex issue than it seems. Constance de Pélichy's initiative — highly publicized and widely shared on social media — gave the impression of a simple consensus: protect breastfeeding women and explicitly recognize breastfeeding as a fundamental right. Yet a close look at the debates in the National Assembly reveals a more nuanced reality.

While the MP did indeed "win her challenge" by gathering 23 co-sponsors for her bill, she did not win the political support she had hoped for. The debates show that the opposition was not rooted in a rejection of breastfeeding or women's rights, but in legitimate questions about the proportionality of the penalties, the relevance of creating a new criminal offense, and the need to prioritize prevention over punishment. Several MPs also pointed out that breastfeeding cannot be presented as a "natural" norm without risking the exclusion of mothers who cannot or do not wish to breastfeed, stressing that pressure exists in both directions — to breastfeed and not to breastfeed.

The discussions also highlight another key point: the current legal framework, notably Article 225-1 of the Criminal Code, could already allow for sanctioning breastfeeding-related discrimination, even though this article is very rarely used in practice. Opponents of the bill thus argued that the problem lies not in the absence of a law, but in its lack of enforcement, and that the most effective response lies in education, training, and changing social practices — rather than adding another criminal offense.

Ultimately, this debate illustrates just how deeply political the subject of breastfeeding is, touching on issues of freedom, social norms, parenthood, and justice. It also shows that appearances can be deceiving: behind a bill presented as consensual lie complex questions that deserve to be discussed without caricature. Thanks to the availability of the debate videos, everyone can now form their own opinion, free from media shortcuts or social media controversy.

Breastfeeding, whether practiced or not, should never be a source of pressure, judgment, or exclusion. The real challenge is to guarantee every mother the freedom to act as she chooses, without obstruction, in keeping with the best interests of the child — and that requires both legal change and deeper cultural evolution.



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