The bill aimed at "strengthening the right to abortion", by extending the legal period from 12 to 14 weeks, will be examined in public session this Wednesday, January 19 in the Senate.
The text, carried by the deputy Albane Gaillot (not registered, ex-LREM), also provides for the abolition of the 48-hour reflection period, the extension of the period for recourse to medical abortion in the city up to 7 weeks, and permission for midwives to perform instrumental abortions.
Read alsoAbortion: would extending the legal period for abortion to 14 weeks reduce inequalities of access?
In a press release dated January 17, 2022, Albane Gaillot evokes the 47th anniversary of the Simone Veil law, passed on January 17, 1975, decriminalizing abortion in France.
“Happy coincidence of the calendar, my bill aimed at strengthening the right to abortion is examined in public session of the Senate on Wednesday January 19”
, underlines the deputy of Val-de-Marne.
During the debates in the National Assembly last November, opposition deputies feared the end of
the “balance”
and
the “spirit”
of the Veil law.
A compromise was found by removing from the initial bill the deletion of the conscience clause specific to abortion.
Read alsoAbortion conscience clause: "Nobody wants to do it, it's dirty work"
A
“balance”
which seems, in reality, less and less topical: over the last forty years, and more particularly this last decade, the Veil law has not ceased to be amended.
Back to dates.
1975, the Veil Law.
Psycho-social consultation, reflection period, alternatives to abortion...
The Simone Veil law, named after the then Minister of Health in Jacques Chirac's government, frames the decriminalization of abortion in France.
The text authorizes abortion for up to ten weeks.
But this abortion can only be performed under very specific conditions: by a doctor, in a hospital setting, before the end of the 10th week of pregnancy.
Read alsoNew passes of arms in sight on abortion
In addition, the woman wishing to have an abortion must carry out several compulsory steps intended for her information and her reflection.
Thus, two medical consultations, with a reflection period of one week between the two are planned, where the risks and alternatives to abortion are presented by the doctors, as well as a psychosocial consultation.
The mother's wishes must be confirmed in writing.
Finally, the doctor and the nursing staff have a conscience clause specific to abortion.
On November 26, 1974, Simone Veil, in a resounding speech to the National Assembly, explained the reasons for this framework:
"I say this with all my conviction: abortion must remain the exception, the last resort for situations No Exit".
Read alsoIVG: the balance of the Veil law at the heart of the debates
The minister explicitly mentions a
“deterrent law
”.
"
It's always a tragedy and it will always remain a tragedy.
This is why, if the project (...) admits the possibility of an interruption of pregnancy, it is to control it and, as much as possible, to dissuade the woman from it.
The text provides for the suspension of the criminalization of abortion for a period of only five years.
It will be necessary to wait until December 31, 1979 for abortion to be definitively legalized in France.
1982. Reimbursement of abortion by Social Security
Promulgated in 1982, after the election of François Mitterrand in 1981, the law of the Minister of Women's Rights Yvette Roudy provides for the reimbursement of abortion at 80%.
1993. Creation of the offense of obstruction
The Neiertz law of January 27, 1993 creates the offense of obstructing abortion and decriminalizes “self-abortion” (without going through a doctor).
From now on, is punishable by imprisonment and a fine, the fact
of “preventing or attempting to prevent”
an abortion “
either by disturbing access to establishments”
of care or
“the free movement of people inside establishments”
or
“by threatening or intimidating medical and non-medical personnel working in these establishments or women who have come to undergo”
an abortion.
In addition, associations supporting these women can bring civil action in the event of violations.
Read alsoMarch for life: anti-abortions march in Paris against the extension of the legal duration
2001: extension of the period to 12 weeks, removal of parental authorization for minors, modification of the "guide book"
The law of 4 July 2001 relating to abortion and contraception constitutes the first major turning point vis-à-vis the Veil law: it extends the period of access to abortion from 10 to 12 weeks of pregnancy, and removes many frameworks provided for in the 1975 text.
Thus, parental authorization for minors is removed - they must however be accompanied by an adult of their choice.
Read alsoIVG: the majority wants to move forward against Macron's advice
The Veil law provided that the alternatives to abortion be presented to the woman in a guidebook
.
This document was thus to provide, according to the 1975 text,
"the enumeration of the rights, assistance and advantages guaranteed by law to families, mothers and their children, as well as the possibilities offered by the adoption of a child be born, and the list of organizations likely to provide assistance".
During the discussions in Parliament, a much-discussed article 3bis explicitly provided for the removal of this content from the guide booklet. And this on the grounds of offering
“impartial and neutral”
information to women, according to rapporteur Danielle Bouquet. It is a question of
"removing
the guilt" from women, and avoiding
"dissuading"
them , also defends the government. Contrary to Simone Veil's speech in 1974.
If this article was not retained in the final text, article 4 is satisfied to specify that it must be given to the woman wishing to have an abortion
“a guide file, updated at least once a year”
.
The explicit mention
"the enumeration of the rights (...) likely to bring him help"
has disappeared.
Even in 1993, these guidebooks gave details, over eight pages, of the financial assistance provided by the CAF, the Childhood Social Assistance, the Maternal and Child Protection Centers (PMI), housing assistance, social protection of employment and finally the possibilities of adoption.
Screenshot of an abortion guide booklet distributed in 1993 DR
Details now missing from the guidebooks: see these examples from the 2007 edition or the 2018 edition.
The 2001 law also removes the obligation of a prior interview with a social counsellor, except for minors.
Finally, the text paves the way for medical abortion in community medicine - the decree will only be published in 2004.
2013: 100% reimbursement
Under François Hollande's five-year term, no less than four laws facilitating access to abortion will be passed.
Read alsoIsrael Nisand: "The extension of the abortion period is bad news for women's health"
On January 17, 2013, the Minister of Health Marisol Touraine allows 100% reimbursement of abortion for all women, regardless of the method.
In addition, the prices of surgical abortions have been increased, in order to prevent this activity, hitherto in deficit, from being neglected in establishments by health professionals.
2014: removal of the notion of “distress”
The Veil law authorized abortion for “
pregnant women whose condition places them in a situation of distress
”
.
This notion of
"distress",
deemed
"obsolete"
by the Minister for Women's Rights Najat Vallaud-Belkacem - based on a judgment of the Council of State in 1980 - was abolished on January 21, 2014, via a socialist amendment to the draft law on equality between women and men.
2016: removal of the 7-day reflection period
A year later, in April 2015, the deputies voted to abolish the mandatory reflection period of seven days between the first and the second medical visit for an abortion (which could be reduced to 48 when the woman was approaching the end of the legal period for abort).
Another provision provided for in the Veil law.
Read alsoAbortion: would extending the legal period for abortion to 14 weeks reduce inequalities of access?
The Marisol Touraine Health Law, containing this amendment, was promulgated on January 27, 2016. It also authorizes midwives to perform medical abortions and health centers to perform instrumental abortions.
2017: creation of the "digital" blocking period
On February 16, 2017, the extension of the offense of obstructing abortion to so-called “disinformation” websites on abortion, was voted in the National Assembly.
The text punishes with two years in prison and a fine of 30,000 euros any online attempt to disseminate information
“likely to intentionally mislead, with a deterrent aim, on the characteristics or the consequences of a voluntary termination of pregnancy »
.
This offense of obstruction had already been extended, on August 4, 2004, to the disruption of women's access to information on abortion.