A Comparative Study of Abortion Rights in Iranian and French Law

Document Type : Research Paper

Authors

1 Department of Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

2 Faculty of Law and Political science-University of Mazandaran- Babolsar_ Iran

Abstract

The right to safe and legal abortion is a crucial aspect of women’s reproductive health, significantly affecting their overall well-being. This article adopts a comparative approach to examine the historical and social foundations of abortion rights in Iranian and French legal systems. In France, the social movements and women’s rights activism of the 1970s led to the emergence of reproductive rights discourse, the legalization of contraception and voluntary termination of pregnancy, and eventually the incorporation of these rights into the French Constitution. In Iran, population policies—and consequently reproductive rights—have undergone several transformations in accordance with the country’s socio-economic and demographic conditions. During the 1990s, the government promoted family planning and contraception programs aimed at balancing population growth. In recent years, however, with the enactment of the Family Protection and Youth Population Law (2021), a new orientation toward increasing fertility and population growth has been adopted. Currently, abortion is legally permitted only in specific cases, such as when the mother’s life is at risk or the fetus suffers from severe abnormalities, and with specific legal authorization. Through a comparative legal analysis, this study highlights the need to balance national demographic policies with the protection of women’s individual reproductive rights.

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