The « Correctionnalisation » of Abortion in Interwar France : the social repression of poor women ; La correctionnalisation de l'avortement dans la France de l'entre-guerres : les femmes pauvres face à la répression
From 1810 to 1923 abortion in France is classified a crime, tried in the Assize Court. The March 27th 1923 law, requalifies abortion as a misdemeanor, tried in the Tribunal Correctionnel. This is known as "correctionnalisation". An examination of the motives for this reveal how a conservative lobby builds a rhetoric of a "depopulation crisis» during the interwar period, manipulating it to enact laws governing female fertility. This law is part of a legal arsenal, including the laws of 1920 and 1939, established to maintain women in their traditional roles as housewives and mothers. Only the preservation of the patriarchal family is the solution to the "demographic debacle" that is worsening since the Great War. Historians view these abortion laws as a sign of the power of the anti-feminists of this time. Nevertheless, their politics fail to increase the birth rate before the end of the Third Republic. How can we explain this failure? What does it teach us about inter war women's history in France? An analysis of the anti-abortion rhetoric of these familialist-natalist activists, contrasted with stories of actual abortion experiences gathered in the records for abortion trials provides helps to answers to these questions. The rupture between familialist-natalist rhetoric and the reality of abortion, partly explains the failure of their repressive policies. Research in court records shows that judicial authorities do not perceive abortion as a problem of declining population. Instead, they use abortion investigations trials to punish women under the law but also to methodically humiliate them in public in order to destroy their reputations. These judges, who share the dominant view of the female social role, use these trials as a tool for social control of women. It is mostly women of the lower classes who pay the highest price for their choice of abortion. ; De 1810 à 1923 l'avortement en France est un comme un crime jugé en Cours d'Assises. La loi de 27 mars 1923 re classifie l'avortement en délit jugé par le ...