See also: IVG

voluntary interruption of pregnancy or IVG, indicates a Avortement caused. One generally employs this expression to indicate an act carried out at the request of a noneager woman of his pregnancy.

See also: Abortion

When the intervention is justified by medical reasons, that the continuation of the pregnancy is dangerous for the mother or that the fetus is reached serious and incurable malformations, one speaks about medical Interruption of pregnancy (IMG) or therapeutic interruption of pregnancy (ITG).

See also: medical Interruption of pregnancy

Sociological and anthropological aspect

Luc Boltanski note that, although the abortion is almost always rejected, all the companies developed and practice abortive techniques, generally in secrecy. The abortion (or the child murder of the newborn by " accident" simulated) seems indeed sometimes an answer " simple" or " décente" with or not desired pregnancies except marriage for other reasons.

The Soviet Union was one of the first modern States to legally recognize the right to the IVG - during one limited period however, Stalin having later removed this right resulting from the Revolution.

Statistics

The full number of abortions in the world was estimated at 43 million in 2003, that is to say a rate of 29 per 1000 women in age to procreate. It is lowest in Europe (17 per 1000), a little higher in North America (21 per 1000). There are overall 31 abortions for 100 births. About half are made apart from adapted structures, that is to say a number of 20 million each year in the countries in the process of development, leading to nearly a million to accidents and 68.000 deaths. These figures are probably underestimated.

In France

Israel Nisand which was charged to inspect the French situation of the abortion before the modification of the law Veil by the law Aubry in 2001 thinks that the number of clandestine abortions was of 45000 per annum in France before the law although the INED thinks that there were 65000 of them per annum.

Each year there is more than 200.000 abortions in France, that is to say 14 IVG for thousand women from 15 to 49 years. In the years the 75-85 order of magnitude of the rate abortion/births was about 33% in France, but it fell since and approaches slowly 25% in the years 2000. After the peak of 1982 the tendency is with a regular fall (source: INED).

The clandestine abortion remained a significant phenomenon until 1995, where it started to regress. It is only into 2003 that these cases, considered to be marginal, disappeared from the official statistics. This very progressive disappearance shows that the de-penalization of the abortion is not enough to standardize it.

The regime change of the French birthrate is the effect of the sexual Révolution consecutive at the end of the Années 1960: liberalization of manners and generalization of the birth control. It coincides roughly with the de-penalization of the abortion of 1975, which leads certain opponents to the abortion to bind the two phenomena (the deficit of birth in France would be due to the practiced abortions).

Medical consequences of the clandestine abortions

A social pressure, possibly legal and often supported by religious considerations, pushes many women to be hidden to fall through. Generally realized under poor sanitary arrangements, these clandestine abortions , are the cause serious complications and even of a strong female mortality in many pays , , , .

Ethical considerations or nuns relating to the right to the abortion

The partisans of the right to the abortion often consider that its legal judgment is immoral insofar as it leads to clandestine abortions, causes of strong human, as well psychological sufferings as biological.

However, for the adversaries of the abortion which or not base their position on a religious approach, the ethical problem is the defense of the dignity of the human being as of the moment of the design. The comparison of the number of the victims is not a relevant argument from this point of view, since mortality due to the clandestine abortions of course remains lower than the number of practiced abortions. Moreover, the de-penalization of the abortion does not remove the psychological sufferings which the woman can undergo who decides there.

Ethical considerations or nuns relating to the act of abortion

In the majority of the human society the IVG is prone to violent polemics.

It was traditionally prohibited, for various reasons:

  • of maintenance of family rites: in many companies, the children deal with the spirit of their ancestors after their death; (in particular: Chinese tradition where the illegal abortion forever be nor prohibited but was a family and/or social decision to which the woman did not take part but that it underwent only)
  • demographic: governments thinking that the authorization of the abortion cause a drop in the number of birth, and importance of the population being a measurement of the power;
  • religious
  • : the majority of the religions prohibit the abortion because they regard it as an attack with the human life (in particular the Eastern religions monotheists, but also religions);
  • inequality enters the sexes: the man having the primacy in the decision to have (or not) a child, the woman saw himself refusing the right to make the decision to fall through.

The discovery in 2006 that the first neurons appear as of the 31e day following the fertilization brought a certain reinforcement to the opponents to the IVG which seeks in the science of the elements to consolidate their position.

The social modifications - weakening of the religious influence and sacralization of the procréatif process, decreasing importance of the number compared to the richness for the States, medical progress, sexual relations in the young people relatively earlier in the Western and later countries in the others, bad information on the means of contraception, individualism, weakening of the weight of the traditions and equal rights between the man and the woman - gradually attenuated the interdict, then allowed a broader legalization (extension of the cases concerned, lengthening of the legal period…).

On the ethical level, the abortion raises a delicate question about the nature of the Embryon. Incomprehension expresses in particular between those which estimate that Embryo human becomes being really human and conscious only at the time of beginning of cerebral activity, and those which think that humanity does not depend on the evolution of the person but is intrinsic with her human nature, as of the design. On a side, the abortion puts an end to the life " something " of alive, potentially being able to give an human being, equipped with a genetic identity clean, and likely in the long term to acquire the whole of the human attributes. An abortion thus does not have same nature, for example, as an amputation. On another side, the abortion relates to a precarious and unfinished being, which does not have any real biological autonomy. According to the cultures, one or not speaks to kill a " personne" human in becoming.

In terms of ethics, being accepted a prohibition of principle " you will not kill pas" , should one make to no difference when the organization concerned present of the differences in autonomy of such a nature? But in the affirmative, where to place the limit, and why? The difficulty of this question comes from what the nature of the embryo changes at the same time physiologically, but at the same time continuously between the design and the birth. If everyone is appropriate that at the moment preceding the childbirth one deals with human being with whole share, while at the moment before the design there are only two cells belonging to the parents, it exists during this nine months time two possibilities, either humanity begins at the moment from the design, or presents an unlimited choice of moments when to fix the beginning of the life.

The difficulty of the legislator will be to slice among all the possible positions to fix a legal delay of IVG, time which makes necessarily the dissatisfied ones with share and others. All and sundry being able to claim not very negotiable values (human life on a side, the freedom of the other) that explains why the abortion has been for a few decades an inexhaustible subject of controversy.

Moreover, the ethical solution cannot make the saving in a reflection on the drama which the choice in a direction or the other can represent, taking into account the intense social pressures which intersect on the question.

From a legal point of view, the solution results in defining a limit specifies with the statute of an embryo, authorizing the abortion in-on this side, and by possibly condemning the illegality or the murder beyond, solution which can only be conventional. The majority of the countries of the world having different and variable legislations with time, one can conclude that this limit was not found, science not being able, or with difficulty, bring an answer from it.

The Religion S or Philosophie S posing the assumption of the Réincarnation S are rather neutral on the subject, while those which regard that the life is single (and thus especially crowned), as Catholicism, express more reservations, even a judgment. However, among these last, the majority do not have a unanimous position on the problem of the abortion - or at least do not express it with as much force.

Buddhism

The Bouddhisme considers that the existence, Bhava, start at the moment of the design. It thus prohibits generally the abortion since it removes a life. He recognizes however that there exist situations which justify it. The exact definition of these situations is generally recognized as a social problem which leaves the framework of Buddhist philosophy.

Catholicism

Resting in particular on Tertullien which affirms in II-ième century: He is already a man that which must become to it ( Homo is which futurus is , Apologeticum, 9,6-8), as of the Concile of Elvire about the year 300, the catholic Church punishes the termination of pregnancy of excommunication, whatever the developmental stage of the fetus. However, question to know at which time the fetus must be regarded as entirely human (what makes the abortion condemnable as well as a murder) was lengthily discussed.

With the Council of Vienna in 1312, “the Catholic church excluded any dualism between the body and the heart in the human nature, thus denying the preexistence of the heart before the body; are needed both to constitute an human being, the heart animating the body. However the Council did not specify at which stage of human development this union of the heart and the body took place”. The thesis of animation mediate (i.e. differed), which had the favor of Saint Thomas d' Aquin, appears to be most widespread in the fathers of the council but it is not returned “ of fide ”, i.e. engaging the faith. The Council of Thirty (1563), does not take to him either not part when at the date of animation of the fetus. However, the abortion is not condemned as a murder on an human being, but because of the respect due to the embryo as of its design, that its entirely human nature is carried out or not.

In 1679, Innocent XI confirms that the judgment of the abortion is independent of the theological controversies on the date of “animation” of the heart. Then, the various popes will reconsider to many recoveries this sensitive topic. The bubble effraenantum of Sixte V in 1588 makes of any abortion a crime deserving excommunication. It was cancelled by its successor Gregoire XIV three years later because of the abuses caused by a too strict application of the sentence.

It is starting from the end of the 19th century which papacy supports the thesis of “immediate animation” defining that the human being exists as of the design, by the letter Apostolicae Sedis of Pie IX in 1869. Casti connubii of Black and white XI in 1930, Humanae Vitae of Paul VI in 1968, and finally Evangelium vitae of Jean-Paul II in 1995 will repeat this absolute judgment of the caused abortion.

Today, in the Catholic church, “which gets an abortion incurs the Excommunication latae sententiae ”, i.e. of an automatic exclusion of the simple fact that the act was made, without the clerical authority having to decide. One can note that this form of excommunication, caused by the act even (it is not an ecclesiastical jurisdiction which decides to excommunicate) is extremely rare for the laic ones (the majority of the cases listed in the canon law concerns the clerks) what shows well the force of the interdict for the Catholic church.

Although the magistère seems to have solved the question definitively, a thesis remains in certain “liberal” theologists if the pregnancy involves a risk of dead for the mother: they consider that a “self-defense” can be then morally acceptable. Their contradictors recall as for them the uncertainty of the medical forecast.

The Church intends to make a severe assessment on the act itself and not to condemn the person, which watch its recommendation on the pastoral reception which must be held to the women having avorté : it stresses that this act, that it considers very serious, is traumatisant for the person who lived it, which thus owes of the fact even of being accompanied with a very particular solicitude. In addition, the Church affirms that the abortion results often from a social pressure, “structure of sin” against which it is advisable to fight by adapted social actions (education with the sexual responsibility, reception center for mothers in distress).

On the other hand, the Church severely condemns the members of the medical community proceeding to the abortion (and this, even in the case of regulation of abortive drug - for example the “pill of the following day”) by excommunicating them. This also applies to the politicians who defend the abortion, as participants in this structure of fished. The sacraments (in particular the communion, the Marriage and the Extrême-onction are thus prohibited to them, like in theory the devoted ground burial.

Islam

The Islam prohibits the abortion but this interdict is more or less severe according to the circumstances and the level of development of the fetus. Prohibition is absolute after 120 days of pregnancy (blowing of the real heart). Except for the school malékite, the abortion can be allowed before the 120 days in the event of great recognized need (malformation of the fetus, vital danger to the expectant mother, rape, handicapped woman not being able to ensure the education of the child).

Judaism

The abortion is not explicitly mentioned in the commands of the Torah. However, some of its provisions relate to the fetal life, directly or not. The most severe provision is related to prohibition to kill. This prohibition is direct if the Halakhah considers that the fetus is an living being, but the talmudic sources are not univocal nor even clear on this subject (for example, Rachi seems to indicate that a fetus is not necessarily an human being). As regards the other provisions, the respect generally due to the human life (proclamation in prohibition to wound or destroy the human seed) also led to argue against the abortion. So this act is generally regarded as " opposite with the loi" , and rejected consequently. However, the Talmud does not consider that a fetus is formed only after forty and one days, an abortion before this time is thus considered less severely.

The Jewish law authorizes the abortion if the fetus constitutes a direct threat for the integrity of the expectant mother. The limits of this threat however are very discussed. The Mishna (Oh 7,6) known as explicitly that one must sacrifice the fetus to save the mother, because the life of the mother takes precedence over that of the child who was not born. Consequently, the majority of the rabinic authorities authorize the abortion in the event of vital threat for the woman, but from others this opinion extends to the case of the risk of aggravation of a physical or psychic disease of the mother. For certain rabbis this threat can even be wide with the case of adultery, even with the extra-marital pregnancies because of gravely hurt with the honor which they involve.

In their vast majority (one can quote the exception of the rabbi Eliezer Waldenberg), the Jewish authorities do not recognize the infirmities of the fetus like an indication of the termination of pregnancy. Rav Moshe Feinstein thus prohibited the diagnoses prénatals which involve the parents to require an abortive action.

Orthodoxe church

The orthodoxe Églises of the seven councils refer to gun 91 of the council Quinisexte of 692:

the women who get the abortive remedies and those which absorb the poisons to be made kill the child that they carry, we subject them to the canonical sorrow of the murderer.
In general they recognize that certain extreme cases, like a danger of died for the expectant mother, can justify an abortive act. It is then with the woman to make this decision. The position of the orthodoxe Churches joined, in the field of morals, that of Catholicism.

Protestantism

The Protestant Churches historical (presbytérienne, épiscopalienne, methodist…) adopt varied positions. The abortion is an ethical question, and the Protestants generally consider that as regards morals, it is with each one to take its responsabilities vis-a-vis God. They generally accept the abortion in the event of serious danger to the expectant mother, and do not condemn the other cases formally. Thus for example, the Federation of the Protestant Churches of Switzerland supported the revision of the penal code giving to the women the right to decide freely on the interruption of a pregnancy in the first 12 weeks. The evangelic Églises prohibit the abortion firmly.

Legal aspects

The legal debate translates the ethical problem directly. The inalienable right of any individual with the life is a component of the civil society, which takes part in the definition of the human nature. In practice, the right must pose limits between those which are actually recognized like individuals and " the reste". Thus, “the right of any person to the life is protected by the law”, but the European court of the human rights considered that “in the absence of a European consensus on the scientific and legal definition of the beginnings of the life, the starting point of the right to the life raised of the margin of appreciation that the Court generally estimates to have to be recognized in the States in this field”.

In the modern right, the solution is generally that the newborn acquires its legal personality only with the birth. Before its birth, he is thus not a person. It is a " juridique" object; possibly carrying private laws or public. For this reason the court of appeal in France rejected twice the qualification of homicide (which supposes the death of a human person) when an embryo dies following an accident.

The legal absence of personality does not mean absence of protection, and generally (as it is still the case in French right) the law leaves, historically, of the principle of the protection of the embryo as of the moment of the design. This protection is accompanied then by penal sanctions against " whoever will have gotten the abortion of an expectant mother, that is to say that she authorized or not " to it; , and generally " the same sorrow will be marked against the woman… who will have consenti" (French penal code of 1791, art 317). Compared to this initial principle, the therapeutic abortion (parallel with a situation of self-defense) is however not continued in practice, but without being explicitly authorized.

  • the liberalization of the abortion (limited to a certain advance of the pregnancy) results initially from the taking into account of the situation of " the expectant mother that its state places in a situation of détresse" (Article 317-1). It leads to a " dépénalisation" , i.e. the situation of distress is regarded as an evil objective, more serious than the end of the pregnancy, and than the company should not sanction the act which puts an end to it.
  • concept of " right to the avortement" , on the other hand goes further. It amounts considering that the embryo does not have to profit from a particular protection, because the expectant mother must be able with complete freedom to choose to lead her pregnancy or not in the long term, without having to justify its reasons.
The French right lays out that the child to be born must be regarded as born each time that goes in its interest, which constitutes a prevention with the recognition of such a right, whereas the first approach seems more compatible.

The approach by the de-penalization results in surrounding the abortion of psychological talks and various formalities, intended to ensure that the required abortion is not " of simple convenance". In practice, this filter proves to be a not very relevant formalism: since a " dépénalisation" is registered in the law, it returns in practice to a " right to the avortement" , except for the administrative procedures.

In the majority of the European countries, the voluntary interruption of pregnancy can be legally practiced in the ten to the first twelve weeks of amenorrhoea (twenty-and-a with the Netherlands) whereas there is no legal limit with the medical interruption of pregnancy . From a medical point of view, it is not possible to define “a good” duration, the choice is basically political.

In Europe, certain countries like the Ireland or Malta do not authorize the IVG, which can be close to the importance of the population Catholique in these countries. There is no joint position in Europe.

February 11th, 2007, a referendum on the question with the Portugal leads to 60% in favor of a de-penalization, but with a participation lower than the necessary 50% so that this result is juridically constraining.

Use of the fetuses

The pharmacological use of fallen through fetuses is also severely framed in Europe, although it can raise ethical problems. In other countries, for lack of adequate legislation, it would seem to exist a traffic of embryos at ends of cosmetic care. Thus, To observe , on April 17th, 2005, affirms that fetuses are bought approximately 100 pounds in Ukraine, resold 5000 pounds in Russia, to be used in private clinics of beauty for cures of renovation, information corroborated by the New-Zealand Herald on October 17th, 2005 and by the Daily Mail on August 7th, 2006.

Canada

Currently, the laws on the abortion in Canada are among the least restrictive in the world. The section of the criminal Code of Canada treating abortion was out-of-date by the decision of the Supreme court in the cause R.C. Morgentaler (1988) , establishing that the restriction on the IVG went against the right of safety of the person guaranteed to the women by the Canadian Charte of the rights and freedoms .

In the case of R.C. Morgentaler (1993) , the Court also cancelled the restrictions on the concerning IVG provinces. Currently, the IVG on request is legal everywhere in Canada, although certain provinces restrict the availability by the means of distribution of it of services or resources, in particular with the New Brunswick.

At Quebec, it happens that the State distributes layers to the citizens concerning the free refunding of one or several IVG. The program of refunding is estimated today at 13 million dollars for 40.000 women. Except for some black and Hispanic ghettos American, the Québécois people have the rate of the highest IVG in Occident.

France

In France, the abortion was penalized a long time, liable to the forced labors with perpetuity, even to the capital punishment (Marie-Louise Giraud, said “the backstreet abortionist”, abortionist during the war, was guillotinée the July 30th 1943).

The de-penalization of the abortion and the legal framing of voluntary interruption of pregnancy (IVG) were done in 1975, at the time where Simone Veil was Minister for the Health of the Gouvernement Chirac under the presidency of Valery Giscard d'Estaing.

This decision arrived after a movement carried out in the beginnings of the Années 1970 by the feminist movements, which were based on several arguments:

  • the right to the abortion concerned the right to have its body;
  • the clandestine IVG were held under medical conditions alarming;
  • the access to contraception was insufficient.

In 1972, Lawsuit of Bobigny, where an young girl was considered to be minor who had fallen through after a rape, becomes a political lawsuit around the abortion, which causes wide-ranging debates and leads to the payment of prevented.

The law n° 75-17, of the January 17th 1975, relating to the voluntary interruption of pregnancy ( OJ , January 18th, 1975, p.739) posed two forms of termination of pregnancy (before the end of the tenth week and therapeutic). It was adopted on an experimental basis, but the law n° 79-1204, of the December 31st 1979, relating to the voluntary interruption of pregnancy ( OJ , January 1st, 1980, p.3) confirmed it.

The last attempt to limit the impact of this law on the abortion failed in front of the Council of State on October 31st, 1980. Mrs. Lahache had undergone an abortion without informing her husband of it. This last had tackled in front of the Council of State the hospital administration which had practiced it, estimating that its opinion was necessary to authorize this act, the more so as his wife was not, according to him, in a situation of distress. The Council of State took a decision as follows: “the L162-1 articles in L162-11 of the public health code allow any expectant mother who is estimated placed by her state in a situation of distress and which was subjected to the consultations envisaged by some of these articles to obtain the termination of pregnancy before the end of the 10th week. If, according to the last subparagraph of the article L162-4, " each time that is possible, the couple takes part in the consultation and the decision with prendre" , it comes out from this text, enlightened by the preliminary works of the law, that this provision, which presents a purely optional character, has neither as an aim, nor for effect to deprive the major woman of the right to appreciate itself if its situation justifies the interruption of its pregnancy. ”

The abortion is refunded by the Social security since the law of the December 31st 1982. The legal period during which a woman can practice her only will a termination of pregnancy had been initially fixed at the first ten weeks of pregnancy, that is to say twelve weeks of Aménorrhée. The law n° 2001-588, of the July 4th 2001, relating to the voluntary interruption of pregnancy and contraception ( OJ , July 7th, 2001, p.10823) lengthened the period from ten to twelve weeks of pregnancy. On the other hand, the abortion on therapeutic grounds can be practiced beyond the deadline of the first twelve weeks and this until the last moment of gestation.

Until the promulgation of the new Penal code in 1992, the French right knew the infringement of abortion. Thus, until this date, the legal interruption of pregnancy was included/understood juridically like an exemption from an offense. The law of 1975 had only created one justifying fact which made it possible to avoid the criminal prosecutions. From now on, the voluntary interruption of pregnancy is defended like a right (cf the explanatory memorandum of the law of the July 4th 2001), even a freedom for the woman within the first twelve weeks limit of gestation (12 weeks of pregnancy, that is to say 14 weeks of Aménorrhée) . In support of this analysis, one frequently notes that the new Penal code and the Public health code pose a series of infringements which have as a finality the protection of the legally organized abortion. However, the legislation maintains the principle which the abortion is open only to the expectant mother who estimates that its state places in a situation of distress. The terminatioies of pregnancy practiced without the assent of the interested party are prohibited, the terminatioies of pregnancy practiced in violation of the rules posed by the Public health code.

The law n° 93-121, of the January 27th 1993, carrying various measurements of social order ( OJ , January 30th 1993, p.1576), introduced into the Public health code the infringement of obstacle to the operations of termination of pregnancy.

The law of the July 2nd 2004 authorized the use of the RU 486 for a medicamentous abortion in the doctor of city.

Since 1994, the therapeutic interruption after 12 weeks requires the authorization of the multi-field diagnostic centers which are competent to decide which diseases justify it or not.

The Hippocratic oath, lent by any doctor, prohibited the abortion (" I will not give to any woman a pessaire abortif") and for this reason being reformed in 1996 had, in a specifically French version.

  • the IVG in the French law (Légifrance).

  • the IMG in the French law (Légifrance).

Chronology of the right to contraception and the abortion in France

  • 1920: prohibition of contraception and the abortion, punishable offense of the Court of Assizes (3 months at 6 years of prison). Propaganda in their favor is prohibited.

  • 1939 : code of the family. Creation of police brigades charged to track the " makers of anges".
  • 1941 : the people suspectées to have taken part in an abortion can be submitted in front of the Court of State.
  • 1942 : Law of February 15th: the abortion becomes a crime of punished State of death. An abortionist, Marie-Louise Giraud, is guillotinée the following year.
  • 1955 : the therapeutic abortion is authorized. Development of the contraceptive Pill in the United States.
  • 1956 : foundation of the " Maternity heureuse" by Marie-Andree Lagroua-Weil and Evelyne Sullerot, who becomes in 1960 the Family planning
  • 1967: (December 28th) the Loi Neuwirth authorizes contraception, but publicity in its favor remains prohibited.
  • 1971 : Proclamation of the 343 signed by 343 women stating to have fallen through.
  • 1972 : creation of the centers of planning and the establishments of information. Lawsuit of Bobigny.
  • 1973 : introduction of the sex education into the colleges and colleges.
  • 1974 : contraception is refunded by the health insurance. Anonymity and exemption from payment for the minor ones and not-policy-holders social in the centers of planning. Feminist mobilization for the right to the abortion.
  • 1975 : the law Veil legalizes the voluntary interruption of pregnancy.
  • 1979 : final vote of the law on the IVG.
  • 1981 : Lahache stop: the woman is only judge of the need for resorting to the IVG.
  • 1982 : refunding of the IVG by the health insurance.
  • 1990 : the medicamentous IVG is authorized in hospital medium.
  • 1993 : de-penalization of the offense of car-abortion and creation of the offense of obstacle with the IVG.
  • 2000 : authorization of the delivery without ordinance of the contraceptives; it is done for the minor ones on a purely free basis in pharmacies; the school nurses are authorized to manage an emergency contraception in the cases of distress.
  • 2004 : the medicamentous IVG is authorized in city medicine.
  • 2007 : the médiacamenteuse IVG could from now on be delivered in the Centers of Planning and Family Education (CPEF).

Switzerland

Switzerland was among the first countries to authorize the termination of pregnancy if the life or the health of the mother were in danger, in 1942. After having interpreted the term of health strictly within the meaning of physical health, jurisprudence widens its interpretation with psychic health during the Seventies and the practice was liberalized little by little. In 2002, the people accepted in popular voting (by 72% of yes) a new legislation known as mode of the time which allows the termination of pregnancy in the first 12 weeks of amenorrhoea.
  • For more details cf http://www.abtreibung-avortement.info/fr/suisse/suisse.htm

Belgium

The April 3rd 1990, a law known as law Lallemand-Michielsen proposing the conditional de-penalization of the abortion is adopted. The king Baudouin I {{er}}, inspired by his religious convictions and humanistic, refuses to sanction it. On the basis of article 82 of the Constitution, the the Council of Ministers notes whereas the king is “in impossibility of reigning” what makes it possible to sanction the law the April 3rd 1990, before restoring the king in his functions the April 5th. To be legal, the IVG must be practiced before the 12th week since the design (or 14 week of Aménorrhée. The following conditions must be respected:
  • the woman must present a state unweaves recognized by a doctor (this state is not defined more by the law);

  • the interruption must be practiced by a doctor;
  • of information on the possible alternatives to the abortion must be at disposal of the patient;
  • a 6 days deadline must be respected between the first contact and the day of the abortion.

Concerning the last point jurisprudence recognizes that it is not always possible to respect in the event of urgency.

Concerning the minor ones of age, the law does not impose any agreement parental.

Also let us note that no doctor or medical personnel (including the students) is obliged to take part to a IVG if that goes against its personal convictions. However, the doctor is obliged if necessary addresser the patient towards a center or a doctor which will be able to reach its request.

With the 14 week old top of amenorrhoea, the therapeutic interruption of pregnancy is possible in the event of health risk of the mother or the child.

She is practiced in hospital (always beyond 14 weeks of amenorhée) or in family planning, by drug (Mifépristone followed Misoprostol) or by intervention (aspiration). She is almost entirely refunded by the mutual insurance company.

The United States of America

The conclusion of the constitutional stop Roe v. Wade of the supreme court in 1973, was that the right of one woman to the abortion relates to the right to the private life protected by the 14th amendment.

The abortion is authorized in all the States, up to 2005, under the following conditions:

  • Until the end of the first quarter, the decision of the abortion is left with the judgment of the expectant mother.
  • During the second quarters, the State, having as objective the health of the expectant mother can, possibly, control this abortion in a reasonable way relative to health " maternelle".

According to the institute Guttmacher, a specialized American organization, quoted by Le Monde of November 1st 2005, 1  290  000 women underwent a IVG in 2002 with the the United States, that is to say a rate close to 5 per thousand, which is one of strongest rich countries. 67% of them concern nonmarried women. The number of women having fallen through passed from 30% in the Eighties to 21%, but remains nevertheless one of strongest rich countries. This rate would be due to difficulties growing in the access to contraception, whereas the government promotes the Abstinence.

Since 1992, the Supreme court admitted in the States to bring restrictions on the methods of abortion. 487 laws were adopted to reduce its range; thus parental notifications in 33 states. The judge Samuel Alito recommended even a notification with the husband. With the wire of the restrictions, thousand practitioner establishments the IVG disappeared in ten years and 80% of those remaining are the subject of demonstrations on behalf of opponents Pro-life.

In States like the the Mississippi, the Nebraska, the Missouri, more than 95% of the counties any more any private clinic practitioner the IVG would not count. If Roe v. Wade were to be déjugé and the free states to authorize or not the IVG, 21 could again banish it. Some say that the restrictions are sometimes already so high there that the situation would hardly be changed it in practice.

November 7th, 2006, the proposal to prohibit the IVG in the South Dakota was disallowed by the citizens.

  • for more details to see

Mexico

Whereas the IVG is penalized in all South America (except Cuba and Guyana), the province of Mexico City voted the April 24th 2007 the authorization of the IVG up to 12 weeks (and more in the event of serious pathology).

Iran

See also: Abortion in Iran

Médicalisation

The IVG can be mechanical (instrumental by aspiration) or medicamentous. Up to seven weeks of amenorrhoeas, the two techniques are usable indifferently (but one chooses the medicamentous method more and more, that many women think less traumatisante and less invasive, even if the gesture to swallow the tablets remains very personal and delicate at the psychological level). After seven weeks, the aspiration is the technique of choice
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