Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
France |
Gestational limit: 12 weeks
Read more WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
France |
Economic or social reasonsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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RapeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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IncestNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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Intellectual or cognitive disability of the womanNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents: |
Mental healthNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
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Physical healthNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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LifeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
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Other
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| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
France |
Authorization of health professional(s)Yes Related documents:Number and cadre of health-care professional authorizations required
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesMedical authorisation not required for terminations until 12 weeks pregnancy. For terminations after 12 weeks of gestation, the following authorisation requirements obtain:
"The voluntary termination of a pregnancy may be practiced at any time if two physicians who are members of a multidisciplinary team certify, after this team has rendered its advisory opinion, that the continuation of the pregnancy jeopardizes the pregnancy Or that there is a high probability that the unborn child will be afflicted with a particularly serious condition recognized as incurable at the time of diagnosis.
Where termination of pregnancy is contemplated on the grounds that the continuation of pregnancy seriously jeopardizes the health of the woman, the multidisciplinary team responsible for examining the woman's request shall include at least four persons who are a qualified medical practitioner. Gynecology and obstetrics, a member of a multidisciplinary prenatal diagnostic center, a practitioner specializing in the affliction of which the woman is a victim, a doctor chosen by the woman and a qualified person subject to professional secrecy who may be a social worker or a psychologist . The physician qualified in gynecology and obstetrics and the physician qualified in the treatment of the condition of which the woman is affected must carry out their activity in a health establishment.
Where termination of pregnancy is contemplated on the basis that there is a high probability that the unborn child will have a particularly serious condition recognized as incurable at the time of diagnosis, the multidisciplinary team Demand of the woman is that of a multidisciplinary center of prenatal diagnosis.
When the team of the aforementioned center meets, a doctor chosen by the woman may, at the request of the latter, be associated with the consultation. Except for medical emergencies, the woman is given a period of reflection of at least one week before deciding to interrupt or continue her pregnancy."
See also Articles R2213-1 to R2213-6 for abortion for "medical reasons" |
Authorization in specially licensed facilities onlyYes Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesNon-emancipated minors require the consent of one of the holders of parental authority or, the where appropriate, the legal representative. |
Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
Additional notesThe following is mandatory for non-emancipated minor women, not for adult women: a consultation with a person who having trained and qualified in marriage counseling or any other qualified person in a institution providing information, consultation or family advice, a family planning or education centre, a social service or another approved body. This preliminary consultation includes a special interview in which assistance or advice appropriate to the situation of the applicant are brought to her. |
Compulsory waiting periodNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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No data
Restrictions on information provided to the publicNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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No data
Restrictions on methods to detect sex of the foetusNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
France |
National guidelines for induced abortionYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Methods allowedVacuum aspirationYes (98 DAYS 14 WEEKS) Dilatation and evacuationNot specified Combination mifepristone-misoprostolYes (63 DAYS 9 WEEKS (but no specified limit for medical reasons) WEEKS) Misoprostol onlyNot specified Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)Yes Pharmacy selling or distributionNo Only physicians, family planning or education centers and health centers which have concluded the agreement referred to in Article R. 2212-9 of the Public Health Code may obtain supplies of medicines necessary for a medical termination of pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
Additional notesOnly physicians, family planning or education centers and health centers which have concluded the agreement referred to in Article R. 2212-9 of the Public Health Code may obtain supplies of medicines necessary for a medical termination of pregnancy. |
Country recognized approval (misoprostol)Yes, for gynaecological indications Misoprostol allowed to be sold or distributed by pharmacies or drug storesNo Only physicians, family planning or education centers and health centers which have concluded the agreement referred to in Article R. 2212-9 of the Public Health Code may obtain supplies of medicines necessary for a medical termination of pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
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Where can abortion services be providedRelated documents:Primary health-care centresYes Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsYes NGO health-care centres or clinicsNot specified Other (if applicable)Abortion may only take place in a public or private health facility or within the framework of an agreement concluded between such a facility and a practitioner, a center for family education or family planning, or a health center under conditions determined by a decree of the State Council.(1, article L2212-2) Medical abortions may be provided in Centres for Family Planning or Family Education (1, article 2311-3) Doctors may provide medical abortions outside of health establishments up to five weeks of gestation (1, article R2212-10) WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
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National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)Health centres providing primary care The Public Health Law states: "Health centers are community health facilities primarily providing primary care ... They can perform voluntary interruptions of pregnancy by medication under the terms of an agreement concluded in accordance with Article L. 2212-2 and under the conditions laid down in Articles L. 2212-1 to L. 2212-10 of this Code." WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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Induced abortion for all womenYes Induced abortion for poor women onlyNo Abortion complicationsNot specified Private health coverageNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesNurseNo Midwife/nurse-midwifeYes Midwives may perform medical abortions in cases of abortion at the woman’s request before the end of the twelfth week of pregnancy. Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Private facilities must have beds or places authorized for gynecology/obstetrics or surgery. The Public Health Law does not stipulate a specific number of beds required. Other (if applicable)Public and private facilities must have the capacity to manage abortion complications. Public facilities must have an approved centre for family planning or education or an agreement for such a centre to undertake within their institution the activities defined in articles R2311-7 to R 2311-18. Private facilities must have an agreement with an approved family planning or education centre to undertake within their institution the activities defined in articles R2311-7 to R2311-8. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
France |
Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Public Health Law states that "A private health facility may refuse to have voluntary terminations of pregnancy performed on its premises." However, this refusal may not be invoked by a facility referred to in paragraph 2 of article L. 6161-5 or by a facility having concluded an agreement of concession pursuant to article L. 6161-9 in its version prior to Law No. 2009-879 of 21 July 2009 on hospital reform and on patients, health, and territories unless other facilities are able to respond to local needs. The Public Health Law also states that specific kinds of public hospitals are not permitted to refuse performing abortions. |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Public Health Law states that "A private health facility may refuse to have voluntary terminations of pregnancy performed on its premises." However, this refusal may not be invoked by a facility referred to in paragraph 2 of article L. 6161-5 or by a facility having concluded an agreement of concession pursuant to article L. 6161-9 in its version prior to Law No. 2009-879 of 21 July 2009 on hospital reform and on patients, health, and territories unless other facilities are able to respond to local needs. The Public Health Law also states that specific kinds of public hospitals are not permitted to refuse performing abortions. |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Public Health Law states that "A private health facility may refuse to have voluntary terminations of pregnancy performed on its premises." However, this refusal may not be invoked by a facility referred to in paragraph 2 of article L. 6161-5 or by a facility having concluded an agreement of concession pursuant to article L. 6161-9 in its version prior to Law No. 2009-879 of 21 July 2009 on hospital reform and on patients, health, and territories unless other facilities are able to respond to local needs. The Public Health Law also states that specific kinds of public hospitals are not permitted to refuse performing abortions. |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Public Health Law states that "A private health facility may refuse to have voluntary terminations of pregnancy performed on its premises." However, this refusal may not be invoked by a facility referred to in paragraph 2 of article L. 6161-5 or by a facility having concluded an agreement of concession pursuant to article L. 6161-9 in its version prior to Law No. 2009-879 of 21 July 2009 on hospital reform and on patients, health, and territories unless other facilities are able to respond to local needs. The Public Health Law also states that specific kinds of public hospitals are not permitted to refuse performing abortions. |
Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
France |
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CEDAW“While noting with appreciation the information on and easy accessibility of contraceptive measures and the access to voluntary termination of pregnancy, the Committee is concerned at the relatively high abortion rate. The Committee recommends that the State party ensure that sex education, including prevention of early pregnancy, be widely promoted and targeted at both girls and boys, women and men, with special attention being paid to migrant and immigrant girls and boys and women and men. The Committee also calls on the State party to provide information on maternal mortality and abortion in its next periodic report.”
“The Committee welcomes the legislative measures taken by the State party to facilitate access to contraception and abortion, including full insurance coverage, free contraception for adolescents and urgent contraception prescribed by school nurses. The Committee is, however, concerned about: […] (a) Regional disparities in the provision of health-care services, which may affect women and girls disproportionately;”
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Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
France |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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PenaltiesArticle L2222-2 The interruption of the pregnancy of another person is punishable by two years imprisonment and a fine of 30,000 euros when it is practiced knowingly in the following circumstances: (1) After the expiration of the period within which it is authorized by law, unless it is practiced for medical reasons; (2) by a person who is not a physician; (3) In a place other than a public hospital or a private hospital that meets the conditions provided for by law or outside the scope of an agreement concluded in accordance with the provisions of Article L 2212-2. This offense is punishable by five years' imprisonment and a fine of € 75,000 if the offender usually practices it. Attempts to commit offenses under this article shall be punishable by the same penalties. Article L2222-3 The fact of proceeding to an interruption of pregnancy after prenatal diagnosis without having respected the modalities provided for by the law is punished by two years of imprisonment and of 30.000 euros of fines. Article L2222-4 Providing the woman with the material means to interrupt her pregnancy is punished by three years' imprisonment and a fine of 45,000 euros. These sentences are increased to five years imprisonment and a fine of € 75,000 if the offense is committed in the usual way. In no case shall the woman be considered as an accomplice of this act. The prescription or the delivery of authorized medicinal products intended to cause a voluntary interruption of pregnancy can not be equated with the aforementioned offense. Legislative Section Part 5: Health Products Book I: Pharmaceutical products Title III: Other regulated pharmaceutical products and substances Chapter V: Products capable of causing a voluntary interruption Of pregnancy. Article L5135-1 Manufacturers and traders in gynecological devices are prohibited from selling medical devices that can be used for voluntary termination of pregnancy to persons not belonging to the medical profession or who do not themselves sell surgical appliances. Legislative Section Part 5: Health Products Book IV: Penal and Financial Sanctions Title III: Other regulated pharmaceutical products and substances Chapter V: Products capable of causing a voluntary interruption Of pregnancy. Article L5435-1 The sale by manufacturers and traders of gynecological devices of medical devices usable for a voluntary interruption of pregnancy to persons not belonging to the medical profession or who do not themselves profession to sell these devices is punishable by two years d Imprisonment and a fine of 30,000 euros. Individuals and legal entities also incur the following penalties: 1) Confiscation of seized medical devices; 2. The prohibition to practice the profession or activity in which the offense was committed, for a period not exceeding five years. Title II: Penal provisions Chapter II: Illegal Interruption of Pregnancy Single Section Article R2222-1 The fact that a director of a health establishment where a woman is admitted for a voluntary interruption of pregnancy not to be given or not to retain for one year the attestations justifying that she has complied with the prescribed consultations In articles L. 2212-3 to L. 2212-5, shall be punished with the fine provided for the contraventions of the fifth class. The same penalty shall be imposed on the head of a health facility for not receiving or not retaining for three years the medical certificate provided for in Article L. 2213-1. Article R2222-2 The failure of a medical practitioner to make a declaration under section L. 2212-10 is punishable by a fine imposed on fifth-class tickets. The same penalty shall be imposed on the head of a health facility not to send the declaration to the medical officer of the regional health agency designated by the director general of the agency under the conditions laid down in Article L 2212-10. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesArticle L2222-2 The interruption of the pregnancy of another person is punishable by two years imprisonment and a fine of 30,000 euros when it is practiced knowingly in the following circumstances: (1) After the expiration of the period within which it is authorized by law, unless it is practiced for medical reasons; (2) by a person who is not a physician; (3) In a place other than a public hospital or a private hospital that meets the conditions provided for by law or outside the scope of an agreement concluded in accordance with the provisions of Article L 2212-2. This offense is punishable by five years' imprisonment and a fine of € 75,000 if the offender usually practices it. Attempts to commit offenses under this article shall be punishable by the same penalties. Article L2222-3 The fact of proceeding to an interruption of pregnancy after prenatal diagnosis without having respected the modalities provided for by the law is punished by two years of imprisonment and of 30.000 euros of fines. Article L2222-4 Providing the woman with the material means to interrupt her pregnancy is punished by three years' imprisonment and a fine of 45,000 euros. These sentences are increased to five years imprisonment and a fine of € 75,000 if the offense is committed in the usual way. In no case shall the woman be considered as an accomplice of this act. The prescription or the delivery of authorized medicinal products intended to cause a voluntary interruption of pregnancy can not be equated with the aforementioned offense. Legislative Section Part 5: Health Products Book I: Pharmaceutical products Title III: Other regulated pharmaceutical products and substances Chapter V: Products capable of causing a voluntary interruption Of pregnancy. Article L5135-1 Manufacturers and traders in gynecological devices are prohibited from selling medical devices that can be used for voluntary termination of pregnancy to persons not belonging to the medical profession or who do not themselves sell surgical appliances. Legislative Section Part 5: Health Products Book IV: Penal and Financial Sanctions Title III: Other regulated pharmaceutical products and substances Chapter V: Products capable of causing a voluntary interruption Of pregnancy. Article L5435-1 The sale by manufacturers and traders of gynecological devices of medical devices usable for a voluntary interruption of pregnancy to persons not belonging to the medical profession or who do not themselves profession to sell these devices is punishable by two years d Imprisonment and a fine of 30,000 euros. Individuals and legal entities also incur the following penalties: 1) Confiscation of seized medical devices; 2. The prohibition to practice the profession or activity in which the offense was committed, for a period not exceeding five years. Title II: Penal provisions Chapter II: Illegal Interruption of Pregnancy Single Section Article R2222-1 The fact that a director of a health establishment where a woman is admitted for a voluntary interruption of pregnancy not to be given or not to retain for one year the attestations justifying that she has complied with the prescribed consultations In articles L. 2212-3 to L. 2212-5, shall be punished with the fine provided for the contraventions of the fifth class. The same penalty shall be imposed on the head of a health facility for not receiving or not retaining for three years the medical certificate provided for in Article L. 2213-1. Article R2222-2 The failure of a medical practitioner to make a declaration under section L. 2212-10 is punishable by a fine imposed on fifth-class tickets. The same penalty shall be imposed on the head of a health facility not to send the declaration to the medical officer of the regional health agency designated by the director general of the agency under the conditions laid down in Article L 2212-10. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
PenaltiesPenal Code 223-10 The interruption of the pregnancy without the consent of the person concerned is punishable by five years imprisonment and a fine of 75,000 euros. 223-11 An offense under section 223-10 is punishable by the sam WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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