La clause de conscience en matière d’IVG, un antidote contre la trahison ?
The legislator legalized abortion in 1975 thus rendering physicians the duty bearers of the new right conferred to women. Aware of the necessary balance between the adoption of the law and the collaboration of the medical professionals, he granted them the possibility to invoke the conscience clause...
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| Format: | Article |
| Language: | fra |
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L’Harmattan
2017-09-01
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| Series: | Droit et Cultures |
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| Online Access: | http://journals.openedition.org/droitcultures/4329 |
| Summary: | The legislator legalized abortion in 1975 thus rendering physicians the duty bearers of the new right conferred to women. Aware of the necessary balance between the adoption of the law and the collaboration of the medical professionals, he granted them the possibility to invoke the conscience clause to refrain from participating in a voluntary termination of pregnancy. Since then, the public authorities have paid a constant attention to improving the effectiveness of this right. This is the reason why a number of their legal and political interventions have consisted in facilitating women's access to abortion (lengthened time period, full social security coverage, elimination of the reflection period, exemption of parental authorization for minors, etc.). Nevertheless, the existence of the conscience clause has never really been called into question. This is all the more curious in that the invocation of this clause by a physician, hospital practitioner, constitutes an infringement to the principle of neutrality/secularism governing public services, to which acute attention is given nowadays. As such, with regard to abortion, the legislator is betraying certain basic principles of law so that physicians do not betray their personal convictions. |
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| ISSN: | 0247-9788 2109-9421 |