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
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.
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).
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.
In the majority of the human society the IVG is prone to violent polemics.
It was traditionally prohibited, for various reasons:
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.
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.
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).
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.
The orthodoxe Églises of the seven councils refer to gun 91 of the council Quinisexte of 692:
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.
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 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.
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.
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.
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:
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).
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.
For more details cf http://www.abtreibung-avortement.info/fr/suisse/suisse.htm
the woman must present a state unweaves recognized by a doctor (this state is not defined more by the law);
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 abortion is authorized in all the States, up to 2005, under the following conditions:
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.
See also: Abortion in Iran
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