As International Safe Abortion Day is celebrated (Wednesday, September 28), inequalities in access to abortion persist and are even increasing. Access to this right for many women remains fragile, as illustrated by the recent decision of the US Supreme Court to reverse the Roe v. Wade decision on June 24, 2022. This reversal is expected to lead half of the United States to prohibit or severely restrict abortion, a shocking situation which raises questions about the fragility of this right outside the US. Indeed, within Europe itself, several countries limit, prohibit or even punish for abortion. Yet abortion is a fundamental right, directly linked to individual freedom, to equality between women and men and, more than anything else, necessary for the emancipation of women.
In France, in reaction to the decision of the American Supreme Court, several parliamentary groups have taken up this issue, proposing to enshrine the right to abortion in the Constitution in order to protect it. While this would be a powerful act, it could remain only symbolic if the problems of access to abortion are not resolved. Access to abortion is currently under threat in our country: the number of health establishments performing abortions is constantly decreasing due to hospital restructuring and maternity unit closures, and more and more areas are under pressure. We also note that medical abortion is often the only option offered, an increasing trend, despite the right of women to choose the method of abortion. Every year, 3,000 to 5,000 women have abortions abroad, revealing shortcomings in the procedural organization in France.
In response to these concrete issues, French legislation is evolving, as illustrated by the law aimed at strengthening the right to abortion, adopted in March 2022. This law increases the right to abortion from 12 to 14 weeks, eliminates the two-day reflection period after the psychological consultation, and provides for the publication by regional health agencies of directories listing professionals and facilities that perform abortions.
It also requires the government to submit to Parliament, within six months of the publication of the law, an assessment of the application of the legislation on the offense of obstruction of abortion, and the effectiveness of the system by which women access abortion. To date, these assessments have not been made.
Critical expertise
Finally, the law of March 2, 2022 opens the practice of surgical abortions to midwives. However, this expertise is slow to materialize since the application texts have not been published and are themselves subject to prior experimentation.
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