With every legislative change related to abortion, the clause stipulating that no healthcare provider 'is obliged to perform a voluntary termination of pregnancy' is questioned.

By Mattea Battaglia
January 17, 2025

It is one of those ethical topics little known to the general public but which still quietly divides healthcare professionals. "A doctor is never obliged to perform a voluntary termination of pregnancy," reads Article L2212-8 of the Public Health Code. This clause also applies to midwives, nurses, and auxiliary medical staff. Each time the law concerning abortion evolves, since it was passed 50 years ago, on January 17, 1975, this specific conscience clause resurfaces in debates before ultimately being reaffirmed in the law.

A general clause also existed, allowing practitioners to refuse to perform any act for professional or personal reasons. Found in Article 47 of the Medical Code of Ethics, the regulatory clause gave all practitioners the right to refuse care, "except in emergencies or when it would fail their duty of humanity." The coexistence of these two texts led healthcare workers to refer to a "double conscience clause" for abortion. This special treatment continues to raise questions.

Continued: https://www.lemonde.fr/en/france/article/2025/01/17/abortion-has-been-legal-in-france-for-50-years-yet-a-clause-allowing-doctors-to-decline-to-perform-the-procedure-raises-questions_6737153_7.html