Abortion in France

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Births, legal abortions, and clandestine abortions in France between 1968 and 2005 Births & Abortions (France).png
Births, legal abortions, and clandestine abortions in France between 1968 and 2005

Abortion in France is legal upon request until 14 weeks after conception (16 weeks after the pregnant woman's last menstrual period). [1] [2] [3] Abortions at later stages of pregnancy up until birth are allowed if two physicians certify that the abortion will be done to prevent injury to the physical or mental health of the pregnant woman; a risk to the life of the pregnant woman; or that the child will suffer from a particularly severe illness recognized as incurable. [4] [5] [6] The abortion law was liberalized by the Veil Act in 1975.

Contents

History

Simone Veil, a key figure in the legalization of abortion in 1975 Simone Veil, gymnase Japy 2008 02 27 n5.jpg
Simone Veil, a key figure in the legalization of abortion in 1975
Passerelle Marie-Claire, in memory of a 1972 trial which ended with the acquittal of an "abortionist", and eventually led to the 1975 law which legalized the procedure Bobigny - Passerelle Marie-Claire.jpg
Passerelle Marie-Claire, in memory of a 1972 trial which ended with the acquittal of an "abortionist", and eventually led to the 1975 law which legalized the procedure

The First French Republic saw the act of abortion being changed from an act punishable by death to a felony with a sentence of up to 20 years in prison. When the 1810 Napoleonic Code was introduced as a revision of the French Penal Code of 1791, as well as the Code of Offences and Penalties of 1795, abortion retained its felony status. Alongside this, the new penal code made it more difficult for women to divorce their husbands.

In 1920, new abortion laws prohibited the act of abortion, as well as the use of contraception, on the grounds of needing new babies to make up for the loss of population caused by World War I, and to boost the birth rate of France that had been considerably lower than other European countries for over a century. The introduction of the Law of 27 March 1923 stated that whoever induced a miscarriage was punished with up to 5 years imprisonment, as well as a fine of up to 10,000 FF, while the woman having the abortion could be imprisoned for up to 3 years.

Just a month before the invasion of Poland, the Penal Code was altered to permit abortions, but only in the instance where the mother's life was in danger. However, with the German Occupation and the implementation of the Vichy Government, abortion was made a capital crime, punishable by death, in the Law of 15 February 1942. The last person to be executed for abortion was Marie-Louise Giraud, a faiseuse d'anges (French slang; literally, "maker of angels") who performed abortions in the region of Cherbourg. For her assisted abortions, she was sentenced to death by guillotine on 30 July 1943.

Following the Liberation of Paris in 1944, the death penalty for abortion was abolished, but abortion continued to be prosecuted vigorously. Illegal abortion rates remained fairly high during the post-war period, and increasing numbers of women began to travel to the United Kingdom to procure abortions after the UK legalized abortion in 1967.

During the period of civil unrest during and after the events of May 1968, a new civil rights movement was becoming prominent throughout the media, campaigning for more equal rights and opportunities for women. The Mouvement de Libération des Femmes's ("The Women's Liberation Front") main goal was to advocate for women's right of autonomy from their husbands, as well as rights that pertained to the use of contraception and legalization of abortion.

In 1971, the "Manifesto of the 343", an open letter and petition, was written by Simone de Beauvoir and published in Le Nouvel observateur . It included the signatures of 343 women who admitted to having had an illegal abortion (punishable by up to 10 years in prison at the time). The petition included the names of many famous female personalities, including Jeanne Moreau and Catherine Deneuve. The manifesto aimed to highlight the prevalence of abortion in French society, despite its clandestine nature, as well as to call for abortion to be made legal, in order to provide more safe and hygienic spaces for women who want to have an abortion. Later the same year, lawyer Gisèle Halimi, herself one of the 343 women, formed her own group, Choisir ("To Choose"), which worked to protect those who had signed the petition.

In 1975, La Loi Veil ("The Veil Act") was passed, decriminalizing abortion in France. The law was introduced by the presiding Health Minister Simone Veil, under Valéry Giscard d'Estaing. D'Estaing had promised to decriminalize abortion during his campaign; however, Jean Lecanuet, then Minister of Justice, refused to defend the law on personal and ethical grounds, and so, it was up to Veil to prepare the law for vote. The debate that preceded the eventual passing of the vote was accompanied by violent attacks and demonstrations paralleling Veil, a concentration camp survivor, with Hitler. In her speech before the National Assembly on 26 November 1974, Veil declared the need for the legalization of abortion, so as to bring equality in France, as well as explaining to the majority male assembly that current French law did not protect women who were suffering from the social exclusion and shame as a result of illegal abortions, as well as the after effects that led to illnesses (such as septicemia) and even death, calling for the law to offer them protection with a change of law to legalize abortions.

The Veil Act (Law 75–17 of 15 January 1975), permitted a woman to receive an abortion on request until the tenth week of pregnancy. This was a temporary law with a sunset clause after 5 years. The law was renewed permanently in December 1979.

Since 1982, much of the costs of abortions are taken in charge by the French social security system, which allows women in France to access abortion free of charge. France was the first country to legalize the use of Mifepristone as an abortifacient in 1988, allowing its use up to seven weeks of pregnancy under supervision of a physician, while vacuum aspiration is used for up to 12 weeks.

21st century liberalization

Several reforms took place in the 21st century, further liberalizing access to abortion. The ten-week limit was extended to the twelfth week in 2001, [7] and it was extended to fourteen weeks in 2022. [3] Also since 2001, minors no longer need mandatory parental consent. A pregnant girl under the age of 18 may ask for an abortion without consulting her parents first if she is accompanied to the clinic by an adult of her choice, who must not tell her parents or any third party about the abortion. [4] [8] Until 2015, the law imposed a seven-day "cool-off" period between the patient's first request for an abortion and a written statement confirming her decision (the delay could be reduced to two days if the patient was getting close to 12 weeks). That mandatory waiting period was abolished on 9 April 2015. [9]

Two medical consultations are mandatory before performing an abortion.[ citation needed ]

In reaction to the United States Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization , Mathilde Panot, French MP and President of the La France insoumise parliamentary group, submitted a bill to the French National Assembly. It aimed to codify the right to a safe abortion for women in the French Constitution. It passed on a 337–32 vote on 24 November 2023, starting the process of enshrining the right to abortion in the French Constitution. [10] In January 2024, the National Assembly voted in favor of the constitutional amendment 433–30. For the amendment to be officially added to the constitution, it then passed through the Senate in February 267–50. [11]

On 4 March 2024, Parliament amended Article 34 in a 780 to 72 vote. This amendment made France, as of passage, the only nation to guarantee the right to an abortion in their constitution. [12] The amendment describes abortion as a "guaranteed freedom"; [13] while Yugoslavia included similar measures in 1974 guaranteeing the right to "decide on having children", the French amendment is the first to explicitly guarantee abortion.

Timeline of abortion laws, events, and enactments in French history

Prevalence

As of 2009, the abortion rate was 17.4 abortions per 1,000 women aged 15–44, [15] a slight increase over the 2002 rate of 16.9 abortions per 1,000 women aged 15–44. [16]

Total number of abortions

Percentage of conceptions leading to abortion in France Percentage of conceptions leading to abortion in France.svg
Percentage of conceptions leading to abortion in France

Includes the Overseas departments of France (French Guiana, Guadeloupe, Martinique, Mayotte and Réunion).

 
YearAbortions [17]
197533,454
1976134,173
1977150,931
1978150,417
1979156,810
1980171,218
1981180,695
1982181,122
1983182,862
1984180,789
1985173,335
1986166,797
1987162,352
1988166,540
1989165,199
1990201,171
1991205,048
1992197,554
1993197,040
1994191,879
1995181,781
1996189,760
1997191,431
1998198,875
 
YearAbortions [17]
1999199,742
2000198,700
2001207,228
2002211,898
2003208,759
2004210,664
2005206,311
2006215,390
2007213,382
2008208,242
2009208,939
2010211,985
2011209,291
2012207,120
2013216,697
2014212,983
2015203,463
2016197,777
2017202,919
2018209,522
2019217,536
2020207,497
2021223,282
2022234,300

See also

Related Research Articles

Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn foetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.

The Eighth Amendment of the Constitution Act 1983 was an amendment to the Constitution of Ireland which inserted a subsection recognising "the equal right to life of the pregnant woman and the unborn". Abortion had been subject to criminal penalty in Ireland since at least 1861; the amendment ensured that legislation or judicial interpretation would be restricted to allowing abortion in circumstances where the life of a pregnant woman was at risk. It was approved by referendum on 7 September 1983 and signed into law on 7 October 1983. In 2018, it was repealed by referendum.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution.

Abortion in Germany is decriminalized on demand during the first 12 weeks of pregnancy upon condition of mandatory counseling. The same goes later in pregnancy in cases that the pregnancy poses an important danger to the physical or mental health of the pregnant woman. In the case that the abortion is because of a rape counseling is not mandatory. The woman needs to receive counseling, called Schwangerschaftskonfliktberatung, at least three days prior to the abortion and must take place at a state-approved centre, which afterwards gives the applicant a Beratungsschein.

The timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms, as well as other formal changes (e.g. reforms through new interpretations of laws by precedents). The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism; for that, see Timeline of feminism.

Since 2021, abortion has no longer been a federal crime in Mexico. However, the criminal law in Mexico varies by state. On 7 September 2023, the Mexican Supreme Court unanimously ruled that penalising abortion is unconstitutional, setting a precedent across the whole country. Before 2019, abortion had been severely restricted outside of Mexico City, where it was legalized on-request in 2007. As of August 2023, abortion is available on request to any woman during the first twelve weeks of a pregnancy in Mexico City and the states of Oaxaca, Hidalgo, Veracruz, Coahuila, Colima, Baja California, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, and Aguascalientes. However, even in states where abortion is legal, there continue to be women in pre-trial detention for murder due to spontaneous miscarriage.

The Twenty-fifth Amendment of the Constitution Bill 2001 was a proposed amendment to the Constitution of Ireland to tighten the constitutional ban on abortion. It would have removed the threat of suicide as a grounds for legal abortion in the state, as well as introducing new penalties for anyone performing an abortion, by giving constitutional status to legislation proposed to be enacted after the amendment. It was narrowly rejected in a referendum held on 6 March 2002, with 50.4% against.

This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).

<i>Criminal Law Amendment Act, 1968–69</i>

The Criminal Law Amendment Act, 1968–69 was an omnibus bill that introduced major changes to the Canadian Criminal Code. An earlier version was first introduced as Bill C-195 by then-Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967, which was modified and re-introduced as Bill C-150 by then-Minister of Justice John Turner in the first session of the 28th Canadian Parliament. After heated debates, it passed third reading in the House of Commons by a vote of 149 to 55. The bill was a massive 126-page, 120-clause amendment to the criminal law and criminal procedure of Canada.

The Manifesto of the 343 is a French petition penned by Simone de Beauvoir, and signed by 343 women, all publicly declaring that they had had an illegal abortion. The manifesto was published under the title, "Un appel de 343 femmes", on 5 April 1971, in issue 334 of Le Nouvel Observateur, a social democratic French weekly magazine. The piece was the sole topic on the magazine cover. Back then, abortion was illegal in France, and by admitting publicly to having aborted, women exposed themselves to criminal prosecution.

<span class="mw-page-title-main">Abortion law in the United States by state</span> Termination of pregnancy in states of the United States

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

The Dominican Republic is one of 24 countries in the world and one of six in Latin America that has a complete ban on abortion. This complete ban includes situations in which a pregnant person’s life is at risk.

Abortion in Belgium was fully legalised on 4 April 1990, following the temporary resignation of King Baudouin on grounds of conscience.

Abortion in Serbia was legalized in its current form on October 7, 1977. Abortion on demand is available for women whose pregnancies have not exceeded the tenth week, and in the case of risk to life or health of woman, or when the pregnancy has resulted from a sex offence, or in case of fetal impairment up to twenty weeks. Minors under 16 require parental consent before undergoing an abortion.

Abortion in Liechtenstein is illegal in most circumstances with limited exceptions in cases where the life of the pregnant woman is at risk, or where the pregnancy has resulted from a sexual offence. Religion in Liechtenstein is mainly Roman Catholic, which is reflected in the faith of the ruling Princely House of Liechtenstein and in the country's laws and culture around pregnancy.

<span class="mw-page-title-main">Anti-abortion movements</span> Movement that believes abortion should be illegal

Anti-abortion movements, also self-styled as pro-life movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in response to the legalization of elective abortions.

The Neuwirth Law is a French law which lifted the ban on birth control methods on December 28, 1967, including oral contraception. It was passed by the National Assembly on December 19, 1967. The law is named after Lucien Neuwirth, the Gaullist politician who proposed it. It replaced a law from 1920 that not only forbade all forms of contraception, but also information about contraception. The law was not fully implemented until 1972 due to administrative delays.

<span class="mw-page-title-main">ANCIC (organization)</span> Non-governmental organization

The National Association of Abortion and Contraception Centers is a non-profit, non-governmental association of persons and professionals who work in pregnancy and abortion planning centers, in the private or public sector, in France, who provide advice on and support for abortion and contraception.

<span class="mw-page-title-main">Abortion in Europe</span>

Abortion in Europe varies considerably between countries and territories due to differing national laws and policies on its legality, availability of the procedure, and alternative forms of support for pregnant women and their families.

The Loi Veil, officially the "Law of 17 January 1975 on the voluntary termination of pregnancy", is a law pertaining to the decriminalization of abortion in France. It was prepared by Simone Veil, minister of health during the presidency of Valéry Giscard d'Estaing.

References

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