To win the dispute over the issue of the guarantee fund, the National Union of Obstetrician Gynecologists of France (Syngof) threatens in an internal email to practice the “strike” of abortions. “Inadmissible” remarks according to the Minister of Health, which once again jeopardize the right of women to dispose of their bodies.
Will women wishing to terminate an unwanted pregnancy see their abortion request rejected because their doctor is on strike?
This is the threat posed by the National Union of Obstetrician Gynecologists of France in an internal email sent to all of its members on Tuesday March 12, and the content of which was publicly revealed the next day. In this message, its author Jean Marty, former president of Syngof and still a member of the union’s Board of Directors, calls on the organization’s 1,600 members to prepare for an “abortion strike” if the Minister of Health Agnès Buzyn does not accept to receive it to negotiate the ceiling of the guarantees of a professional insurance.
Offense of obstruction of abortion, threat of blackmail considered and planned this very day by the 1st union of gynecologists-obstetricians
Rotate, mobilize to destroy this hostile union whose women are the least concern pic.twitter.com/rA94b2JD7i
— Ann (@Marianntoinette) March 12, 2019
A hostage of women’s bodies
As soon as it was published on social networks, Jean Marty’s email sparked an outcry from feminist and patient rights associations, who accused him of posing a new threat to the right to abortion and of hold women’s bodies hostage.
The National Council of the Order of Midwives strongly condemns the threats of a call for an “abortion strike” launched by Syngof: https://t.co/7F9JHLmVy6 pic.twitter.com/J2p9xwPmmv
— Order of midwives (@CNOSF) March 14, 2019
The SYNGOF, union of gynecologists, threatens to deprive women of their right to access abortion. What to do @order_doctors ?! This is blackmail for care, isn’t it completely unethical?! https://t.co/MQbJ9YtyIT
– Collective Ciane (@CollectifCIANE) March 12, 2019
@SYNGOF threatens abortion strike. They could have gone on a smear strike, no… abortion strike… From the very union of @BdeRochambeau who qualifies abortion as homicide! It is an offense of obstructing abortion, contrary to all medical ethics. @order_doctors pic.twitter.com/zG1lzNEf5M
— Dare feminism! (@darefeminism) March 13, 2019
Contacted by France Info, the Syngof initially confirms the authenticity of the message and assures that posing such a threat was the only way to make its claims heard. “If we don’t make threats that worry society, we are not heard. I personally have no problem with abortion, it’s our business. I hope the threat does not apply, but s ‘There is nothing in the law, we will do it,’ Jean Marty assured the news site on Tuesday.
What the law says ?
But is the maneuver of the National Union of Obstetrician Gynecologists of France to win the case legal?
If the Veil law of January 15, 1975 has indeed legalized the voluntary termination of pregnancy, gynecologists wishing to go on the “strike” of abortions can invoke the “conscience clause”. Pursuant to Articles L. 2 123-1, L. 2 212-8, and R. 4 127-18 of the Public Health Code, any doctor may indeed invoke his conscience clause and thus refuse to perform an abortion or contraceptive sterilization.
However, according to a document from the Ministry of Health quoted by The Parisian“he then has the obligation to inform the person concerned without delay of his decision and to redirect the patient to other practitioners”.
“Except in the case of emergency and that where he would fail in his duties of humanity, a doctor has the right to refuse his care for professional or personal reasons”, further specifies the Public Health Code. It is therefore not an offense of obstruction of abortion, punishable by 2 years in prison and a fine of 30,000 euros, which punishes the fact of preventing or attempting to prevent an abortion in disrupting access to establishments, or by threatening the staff or women concerned.
“An inexplicable and unjustifiable act”
Asked about Syngof’s remarks, the Minister of Health Agnès Buzyn denounced the “inadmissible nature of these threats (…) which go against unconditional respect for the right to abortion”.
For its part, the National Council of the Order of Physicians also “firmly” condemned Syngof’s remarks and made it known that the abortion strike was in “clear contravention of the ethical obligations” of doctors. “It would be an inexplicable and unjustifiable act, with potentially dramatic consequences”, writes the National Council in a press release which however considers “premature” to mention sanctions.
For their part, feminist activists have decided to fight back against what they see as a threat to women’s rights. On Twitter, member of the feminist associations We All and Le Groupe F Anaïs Leleux appealed to ask the organization to take sanctions against Syngof. Thursday afternoon, more than 5,000 emails were sent to the National Council of the Order.
?? Ok people. It’s time for the College of Physicians to put the Syndicate of Evil Gynecologists out of harm’s way #abortion
?? Fill in this typeform and a nice letter will be sent for you to the president of the CN of the order. https://t.co/lU9NJdfdCB https://t.co/f5SRsOsAMW
— Anaïs Leleux (@AnaisLeleux) March 13, 2019
As a reminder, the Syngof had already created controversy in September 2018 when its president, Doctor Bertrand de Rochambeau, had indicated in the Daily program that he refused to perform abortions, which he equated to “a homicide”. “We are not here to take lives,” he said.
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