On the occasion of September 28, International Day for the Right to
Abortion, an update on our demands and struggles in 4 parts: ---- *Constitutionalization of abortion: What are our rights really? ---- *
For free and unrestricted abortion, everywhere, all the time ---- * For
the right to abortion for all! Solidarity with trans, intersex, and
migrant men around the world! ---- * Not one of us will be free until we
are all free! and 3 boxes: ---- * What is reproductive justice? ---- *
Some key dates in France ---- * Where does the date of September 28 come
from?
Constitutionalization of abortion: What are our rights really?
The constitutionalization of abortion in France has been hailed
throughout the world as a "pioneering" vote. And yet, it is the result
of a political compromise that in no way guarantees the conditions of
access to abortion or the conditions in which it takes place. A last
resort for women and a refusal to protect all other people concerned by
this right.
On March 4, 2024, the Parliament meeting in Congress in Versailles
approved the constitutional bill relating to the freedom to resort to
abortion. This law inserts into Article 34 of the Constitution a
paragraph worded as follows: "The law determines the conditions in which
the freedom guaranteed to women to have recourse to a voluntary
termination of pregnancy is exercised." The government retained the
"freedom" of the Senate over the "right" of the Assembly, while adding a
"guarantee" that could seem more reassuring. But Éric Dupond-Moretti was
quick to clarify that the government did not intend to create an
absolute and unlimited right. Let the reaction rest assured, this term
does not at all call into question the legal time limit for abortion or
the conscience clause of doctors and midwives! The National Consultative
Commission on Human Rights has also stressed that this text does not
contribute anything compared to the current situation.
A step forward? But what kind?
Sarah Durocher, president of Family Planning, considers that advancing
the right to abortion always involves compromises in France, that the
anti-choice had to lose and that it was important to send a signal to
European feminists in a context where the far right and the conservative
right are coming to power. Certainly, but the fact remains that the
wording chosen by the government excludes trans men from access to
abortion, because it is obviously possible to be pregnant without being
a woman, whether you are an intersex man, a trans man or a foreign
person with a "neutral" or "other" sex designation on the civil
registry[1]. This "progress" does not in any way remove the obstacles
encountered by many women: closure of Contraception and Voluntary
Termination of Pregnancy Centers (CIVG), hostility or disinterest from
certain doctors, obstacles to the practice of IVG by midwives ... In
addition, if the extreme right comes to power, this
constitutionalization will not prevent it from passing a law adding, for
example, preliminary interviews, cutting reimbursements or preventing
minors from having an abortion without parental authorization.
Rejoice in a symbol? Certainly not!
We will never be able to count on politicians who have been paving the
way for reactionaries and the extreme right for decades. While the
Macronists play at being feminists, the extreme right continues its
propaganda. Vincent Bolloré's reactionary channel, CNews, has called
abortion the leading cause of death in the world, likening women who
have had abortions to murderers. This government, like others, is only
using the rights of women and LGBTI people to restore its image while it
destroys public services, announces demographic rearmament and leads
colonial policies of demographic control as in Mayotte where it
encourages women to be sterilized[2]We cannot rejoice in a symbol that
masks the abysmal lack of resources allocated to respecting the right to
abortion. Depending on their geographical and social situation, a person
wishing to have an abortion may encounter great difficulties in
completing their procedures within the legal time limit. The dismantling
of the public hospital where the majority of IVGs are performed, the
closure of 130 CIVGs in 15 years, or the "conscience clause" which still
allows doctors to refuse this medical act are all material obstacles to
the possibility of having an abortion.
For a free and free abortion, everywhere, all the time
THIS SEPTEMBER 28, 2024, WE ARE FIGHTING FOR:
* Resources for public hospitals; * Health insurance coverage of
surgical and medical abortions such as contraception; * The removal of
the double conscience clause; * Significant resources for associations
that fight daily to allow access to IVG; * The development of education
on emotional and sexual life allowing everyone to make free and informed
choices; * The removal of any delay or step imposed in IVG processes
because the notion of duration of time is not compatible with a real
right to dispose of one's body; * Access to information, medical care,
contraception and IVG procedures that are free and equal, for all,
throughout the territory; * Mandatory training for health personnel to
improve access to gynecological care for trans, intersex and/or
non-binary people, and so that abortion techniques and support for women
are part of their initial training; * The decriminalization of abortion
throughout the world; * The elimination of situations of discrimination
and obstacles to accessing abortion for all women who are far from
information and care systems, members of minority and marginalized
groups, such as racialized people, members of LGBTI communities and the
youngest. Infantilizing speeches must stop. Women and people in gender
minorities do not need laws to know when they can or cannot have an
abortion. We know what is good for us. We do not need legislators to
decide for us (and without any medical reason to support this or that
deadline) for moral, religious or philosophical questions. The right to
freely choose one's pregnancy is a fundamental freedom. The same goes
for all rights to dispose of one's body, from medical transition to the
refusal of mutilation of intersex people. For all women and people in
gender minorities around the world, the fight continues.[1]Family
Planning had suffered numerous attacks in 2022 following the publication
of a poster showing a pregnant trans man. See the press release of
support that we produced at the time: "Family Planning: Standing up to
transphobic attacks".[2]See the article that we wrote on this subject:
"State racism in Mayotte: Obsessed with women's bellies"
The appropriation of women's bodies and the right to abortion
The right to abortion, like the right to contraception, implies the
right to dispose of one's body. It constitutes an essential lever
because it acts at the very heart of one of the places where domination
has occurred, namely motherhood. It is the end of the system of
domination which consists of using women to make children. Freed from
all "control" and relying on health professionals only to medically
validate a personal choice, women would finally have control over their
contraceptive approach, their sexuality and their fertility. Based on
this, we can assume that respecting the choice of women's autonomy in
matters of contraception and abortion poses a real problem for the
medical profession and public authorities, and this without any real
link to the supposed concern to preserve the health and well-being of
women. We are in favor of the right to abortion in all circumstances and
without time limit. The decision to abort or not remains the sole
responsibility of pregnant women. Restricting this right is tantamount
to restricting the options of all women in their lives. We live in a
patriarchal society, the foundations of which are an order in favor of
men, an order whose rules are dictated by men and for men. The
patriarchal oppression of which women are victims at many levels is
therefore intended to be perpetuated, as effectively as possible. Any
change would risk shaking patriarchy at its most solid foundations.
For the right to abortion for all! Solidarity with trans, intersex,
migrant men around the world!
If access to abortion remains highly unequal in Europe and beyond its
borders, France is no exception! Although the law on voluntary
termination of pregnancy allows any pregnant person, adult or minor, to
terminate their pregnancy, in reality this right remains difficult to
access for many people. Access to abortion is not immune to the systemic
discrimination that is the basis, within society, of racial, class and
gender inequalities; thus particularly affecting migrants, precarious,
transgender, intersex and non-binary people. If access to abortion
remains highly unequal in Europe and beyond its borders, France is no
exception! Although the law on voluntary termination of pregnancy allows
any pregnant person, adult or minor, to terminate their pregnancy, in
reality this right remains difficult to access for many people. Access
to abortion does not escape the systemic discriminations which are the
basis, within society, of racial, class and gender inequalities; thus
particularly affecting migrants, precarious, transgender, intersex and
non-binary people.
Medical discrimination, a real danger for access to abortion procedures
Cisgender women are not the only ones who may be forced to have an
abortion[1]. Indeed, intersex, transgender and/or non-binary people who
are able to become pregnant may also need decent access to these
services. As a result of a social environment that is still particularly
hostile and discriminatory, the right of gender minorities to freely
dispose of their bodies is seriously hampered by the way in which
medical power is exercised over them. Some LGBTI associations support
transgender, non-binary and/or intersex people who face discrimination
and violence in accessing gynecological care. The lack of gynecological
monitoring and transphobia are not without consequences for their
health, often forcing them to self-medicate and have clandestine
abortions, which have serious consequences.[2]These discriminations
occur all the more when people live with other vulnerability factors:
allophones, sex workers, HIV-positive people , living with one or more
disabilities, etc. We demand proper application of Article L.1110-3 of
the Public Health Code so that any person with the physiological
capacity to be pregnant can freely and safely exercise their right to
voluntary termination of their pregnancy[3].
Exclusion, precariousness and vulnerability
For many trans people, transition paths result in a significant
deterioration in their living conditions. The possibilities of access to
care are thus reduced by the obstacles linked to isolation and
precariousness. Women and gender minorities are among the most
precarious sectors of the population. Among them, a large majority are
foreigners and are subject to specific socio-cultural obstacles in the
question of choosing contraception and abortion: no social coverage,
lack of access to housing, no access to information due to the language
barrier and lack of interpreters, racism, increased exposure to sexual
violence, etc. Access to contraception and abortion for migrant women
and gender minorities in France is like access to care: complicated by
administrative procedures that are often opaque, poorly understood by
social and administrative actors themselves, coupled with the problem of
language and translation. We demand free and unrestricted access to
abortion, under the best conditions, as a human right, a sexual and
reproductive right, but also as a right to health in the face of the
consequences of illegal abortions![1]Cisgender: refers to a person whose
gender identity (male or female) corresponds to the sex with which they
were born.[2]It is characterized by psychiatric, pathologizing remarks
but also refusals of care, false or inappropriate information, touching,
physical/sexual violence. In 2011, according to the trans health study
conducted by the Chrysalide association, 63% of trans people surveyed
had given up on care due to discrimination or fear of prejudice. In
January 2018, a conference on the health of LGBTQI people revealed that
72% of trans people feel uncomfortable in their care pathway. [3]Article
L. 1110-3 of the Public Health Code prohibits any discrimination based
on sexual orientation or gender identity in access to prevention or care.
Argument in pdf to download
Not one of us will be free until we are all free!
In the fall of 2019, an article in our monthly Alternative Libertaire
took stock of abortion internationally[1], a right that is constantly
being questioned and unequal in its access conditions. Where are we 5
years later? The situation in the world remains disparate. Even in
countries where abortion is legalized, it remains an obstacle course for
those who would like to have recourse to it: lack of local structures,
conscience clauses for doctors, no financial support by States, making
them run the risk of finding themselves in exceeded deadlines and no
longer being able to abort according to the country's legislation.
Nearly 40% of women live in a country where the right to abortion does
not exist or in a very restrictive way. Depending on the country,
opponents do not have the same motivations. Between far-right
pro-natalist reactionaries, conservative governments, religious leaders,
the enemies of women's rights are numerous. Attacks by anti-choice
activists have indeed multiplied, including in places where abortion
seemed definitively acquired. Among the most emblematic situations,
against which we have mobilized a lot , that of the United States where
the Supreme Court repealed in 2022[2]the 1973 ruling (Roe vs Wade)
authorizing abortion. With this repeal, the judges are returning to the
States the choice of maintaining the right to abortion or not. To date,
21 states prohibit or severely restrict abortion. The consequences of
this step backwards are already documented in a report published
recently by Amnesty International[3]Conquests that call for others!
At the end of 2020, women in Argentina won the right to abortion[4], in
2021, Mexico decriminalized abortion and in 2022, it was up to Colombian
women to obtain the right to abortion thanks to the mobilizations of the
"Marea Verde"[5]But in Honduras, an already strict legislation was
replaced in early 2021 by a total ban. In Europe, women have not had the
right to abortion in Poland since 2013. In Hungary, since 2021, women
must listen to the fetus' heartbeat before having an abortion. In all
countries where women, LGBTI people, racialized people, do not have
rights that protect them, it is first and foremost the proletarians and
the most precarious who suffer. The right to abortion is not only a
feminist issue, it is also a class issue for the poorest women who
cannot afford to travel abroad or to private clinics. [1]You can read
this article on our website: "Abortion in the world: The right to
abortion between gains and setbacks" (October 2019). See also: "In the
world: the right to abortion, still to be conquered" (August 7, 2021),
"For the right to abortion, solidarity with women around the world"
(September 9, 2021). [2]See the following articles in our newspaper or
our website: "United States: a supreme threat looms over abortion" (June
2, 2022) and "Trump's posthumous victory" (June 26, 2022).[3]Report
currently only available in English, "Abortion in the USA: The Human
Rights Crisis in the Aftermath of Dobbs"[4]Article published on our IVG
website: "It was the struggle of the oppressed that made the law
possible!" (January 15, 2021).[5]"Green Wave" in Spanish is the name
adopted for the feminist and human rights mobilization that has been
fighting for years for the legalization of abortion throughout Latin
America, which has seen hundreds of thousands of women take to the
streets for large demonstrations (hence the term tide).
Annexes/Boxes
What is reproductive justice?
Reproductive justice is a concept created in the 1990s in the United
States by twelve African-American women grouped in the collective Women
of African Descent or Reproductive Justice. The three main demands of
the movement are: the right to have or not have children, the right to
end an unwanted pregnancy, and the right to raise one's children in the
best possible conditions. Adopting an intersectional analytical
framework, the movement for reproductive justice has a fairly broad
scope of action: forced sterilizations or, conversely, coercion to
reproduce, gynecological violence, limitation of access to sex
education, sexist and sexual violence... In addition, if it initially
focused on the intersection of oppressions between gender, class and
race, it has spread to other social movements: we can cite the fight
against reproductive oppressions for people with disabilities, for trans
people, for fat people, but also the presence of reproductive justice
within demands for environmental justice. Some key dates: in France
July 31, 1920: Law that prohibits abortion and contraception is passed.
Its purpose is demographic. Abortion is punishable by imprisonment of up
to 10 years and a fine of up to 72,000 francs. The simple act of
speaking about it publicly, of giving information by posting is subject
to this law (punishable by fine and imprisonment). Similarly, disclosing
or offering contraceptive procedures is punishable by 6 months in prison
and a fine of 100 to 5,000 francs. Contraceptive training during medical
studies is also prohibited. July 29, 1939: New law, which also punishes
women who have attempted to abort when they believed they were pregnant
and were not. And gives doctors the right to violate medical
confidentiality to denounce an abortion. 1942: Under Pétain, abortion
becomes a "crime against the State" punishable by death. 1943:
Marie-Louise Giraud is guillotined for having performed 27 abortions.
1967: The law authorizing contraception (and abolishing the relevant
part of the 1920 law) is passed. The implementing decrees will not be
published until 1969 and 1972. Contraception is legal, but talking about
it is not. June 1970: Proposed law authorizing abortion in cases of risk
to the mother's life, rape or incurable malformation of the embryo.
1970: Creation of "Let them live" by Professor Lejeune, notoriously
opposed to abortion. 1971: Manifesto of the 343 "sluts", signed by
personalities, and unknowns, who publicly declare having had an
abortion. 1972: Gisèle Halimi, lawyer, founded the Choisir movement and
defended Marie-Claire (16 years old) and her mother, charged with
abortion, during the Bobigny trial. 1972: Doctors joined together in
the GIS (Health Information Group) and learned the technique developed
by Harvey Karman, the American inventor of the flexible cannula with
gentle suction (by syringe or other light system). 1973: Publication of
the Manifesto of the 331 "Yes we abort", explanation of the Karman
method in a "Special Bulletin" distributed to women. 1973: Foundation
of the MLAC (Movement for the Liberation of Abortion and Contraception),
a collective of unions, left-wing parties, groups and various
associations. It federated groups throughout France that performed
"Karman" abortions and helped women go to Holland or England to the
clinics that were set up to practice this method. 1975: The law giving
every woman the power to decide on her abortion is passed. Doctors are
entitled to a conscience clause (they can refuse to perform abortions).
No one can then force doctors to set up adequate structures. Abortion is
possible up to 12 weeks of amenorrhea (absence of periods). Women's
groups therefore continue to perform abortions and support women in
Holland and England. Trials are held for illegal practice: in 1977 in
Aix-en-Provence, in 1978 in Lille. Each time, the MLAC uses it as a
political platform to denounce the obstacles to a true liberation of
abortion. 1979: Final vote on the Veil law, which no longer speaks of
abortion but of voluntary termination of pregnancy. 1982: Partial
reimbursement of voluntary termination of pregnancy . 1993: The Neiertz
law punishes the offense of obstructing voluntary termination of
pregnancy. 1999: The "morning after pill" (Norlevo) prevents
fertilization if taken within 72 hours after intercourse. 2001:
Abortion authorized up to 14 weeks of amenorrhea. Removal of parental
authorization for minors. Between 1988 and 2004: Introduction of
medical abortion, first in orthogeny centers then in community medicine.
2013: 100% reimbursement by social security 2016: Removal of the
7-day reflection period for women wishing to have an abortion. 2022:
Abortion authorized up to 16 weeks of amenorrhea 2024:
Constitutionalization of the "freedom" to abort Where does the date of
September 28 come from?
This date was chosen by women from Latin America and the Caribbean to
refer to the Brazilian law known as the "Free Womb" of September 28,
1871, which freed all children born to slave parents: taking up the
slogan "for a free womb", the idea is that the end of slavery is also
the end of slavery of the womb. This date is taken up all over the
world, and we intend to mobilize for it everywhere in France.
https://www.unioncommunistelibertaire.org/?Avorter-le-patriarcat-Se-battre-pour-notre-liberte-a-disposer-de-notre-corps
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