Abortion rights, access to abortion, voluntary termination of pregnancy, IVG, constitutional freedom, Public Health Code, abortion laws, women's rights, conscientious objection, medical infrastructure, abortion deadline, legal protection of abortion, penal prohibition, hindering abortion access, abortion constitutionalization, reproductive rights, France abortion laws, abortion legislation, health access issues, medical desertification, midwives instrumental abortions, Court of Cassation abortion decisions, intrafamilial violence impact on abortion, abortion access barriers, abortion constitutional law March 8 2024, law July 4 2001, law January 27 1993, abortion depenalization 1975, abortion methods information, women's freedom to abort, abortion legal deadline, abortion medical necessity, rural areas abortion access
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Abstract
The document discusses the evolution of abortion laws in France, the protection of access to abortion, and the challenges faced by women in accessing abortion services.
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[...] The legal protection of abortion has taken a major step forward with the constitutional law of March which enshrines abortion in the Constitution as a "constitutional freedom"Doc. 1). This constitutionalization appeared important due to a global context of questioning the right of women to access abortion and constitutes an important symbol for a better respect of women's rightsDoc 3). This protection appears necessary in a context where abortion is not accessible everywhere in the world, including in Europe, with very restrictive practices in Poland or Malta, for exampleDocs 13 and 21). [...]
[...] This offense sanctions active behaviors intended to oppose abortion by physically blocking access to healthcare facilities, for exampleDocs 4 and 11). The law of March modified this offense to include any form of moral, psychological pressure, intimidation, and threats that would have the purpose of preventing a woman from practicing and freely accessing the practice of abortionDocs 4 and 11). This extension was the subject of a decision by the Constitutional Council, which clarified that it was about repressing information by claiming a medical competence in order not to encroach on freedom of expressionDocs 12 and 13). [...]
[...] To what extent has access to abortion evolved and how is this right protected in France? The Evolution of Access to Voluntary Termination of Pregnancy Since 1975, abortion has been depenalized and has been able to be recognized legally, this possibility offered to women remains late and has evolved a lot since this law ( [...]
[...] Finally, access to abortion can be hindered by the existence of intrafamilial violence, which women victims would not have the possibility of aborting due to their spouse's willDoc 17). It may also be difficult to achieve for people in an irregular situation or in a precarious situationDocs 18 and 20). [...]
[...] The IVG can be performed by a doctor or a midwife since 2016Docs 5 and 7). The methods of IVG practice were initially very medicalized, then developed abortive pills whose use is less invasive, effective and respects the health safety imperatives as the Council of State was able to confirm in a decision of December 21, 1990Doc 6). IVG medical can intervene in a time frame greater than that of IVG as it is a necessary abortion for the health of the women concerned (Doc 22). [...]
