"Ensuring Access to Abortion: Analyzing the Impact of Constitutional Guarantees on Women's Rights in France"
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Abortion rights, France, liberty guaranteed, access abortion, reproductive rights, Veil law, constitutional right, womens health, abortion legislation, voluntary termination pregnancy
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Abstract
Unlock the complexities of abortion rights and freedoms in France, where the constitutional guarantee of access to abortion is a pressing concern. Discover how the country's laws and regulations have evolved since the landmark Veil law in 1975, shaping the current landscape of reproductive rights.
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[...] They end up going abroad. (doc and 14) The same applies to the practice of medical abortion using Mifepristone, whose deadline has been extended from 5 to 7 weeks. This medical alternative can only be prescribed by the abortion practitioner. (doc.6). The law also allows for remote consultation in the context of Mifepristone. (doc.7) Other decisions related to healthcare professionals have also been made in this sense. (doc.10). Midwives' skills are extended. They are authorized to perform abortions, but only in a healthcare facility. [...]
[...] On the other hand, in order not to prevent access to abortion, the woman's consent, already regulated on a procedural level in the law Veil since 1975, also deserves particular protection which has evolved positively since 2001. Now, the evolution has been subject to a legal framework specific to abortion. This initiative expresses a step back from the obstacles to the freedom of women's consent, whether in the form of threats, intimidation, or hindrance to access to establishments. This also concerns minors who are no longer required to have the consent of their parents or guardians. [...]
[...] 18) Today, the constitutionalization of abortion protects the measures of regulation without improving its access in practice. (Doc. 19) Escaping a step back in the past Finally, the decision Dobbs rendered in June 2022 by the US Supreme Court symbolizes a significant step back in history with the elimination of constitutional protection for abortion freedom. (doc.3) On the other hand, France is not regressing. In response to the decision Dobbs, notably, since 2024, abortion has become a constitutional issue. « La liberté garantie" the right of a woman to have an abortion must be respected. [...]
[...] In its initial version, the law « garantissait the right to abortion while now, she only does « determine the conditions in which the corresponding freedom is exercised (II). (doc. 20). I. Implication of the notion of « freedom guaranteed Access to abortion, as a guaranteed freedom, approaches the right. It cannot be prevented by the State but, however, is found to be weakened, as it renews the question of the means granted to this public health policy Prohibition of preventing access to abortion According to this liberty guaranteed, said negative for the State, any woman wishing to resort to abortion must be able to do so. [...]
[...] (doc.17) The repulsion of penal law and the changes in the method of repression of abortion find their origins in the changes in mentality, morals of society and in the demographic evolution in France. (doc.17) And yet, despite the law in the Civil Code (doc.8) on the primacy of the person (doc.9), access to abortion remains fragile in practice. The recourse to abortion remains unequal according to the profile or social level of women and according to the availability of structures near their place of residence. (doc.7 and 14) - List of documents used*: *These documents are available upon request from the customer service. [...]
