The Constitutional Council on Friday, July 8, ratified the exclusion of transgender men from medically assisted childbirth (PMA) enshrined in the “bioethics” law, a provision contested by the Trans People’s Rights Association.
the law”bioethicsIn August 2021, access to assisted reproduction was opened to couples consisting of a man and a woman or two women, as well as to unmarried women. In fact, on the contrary, it disenfranchises single men or men in a couple, although those born to civil status women who have changed their gender designation can become pregnant.
“Equal Access for Women” to PMA
However, for the Group for Information and Action on Sexuality and Sexuality (GIAPS), which attracted the elders of rue Montpensier to the primary question of constitutionality (QPC), these provisions based on civil status, rather than actual reproductive capacity, were controversial. to the principle of equality between men and women.
In the decision made on Friday, the constitutional judges considered that “The principle of equality is not opposed either to the lawgiver regulating different situations in different ways, nor to deviating from equality in the interest of common interests;“provided that this difference in treatment exists.”directly related to the purpose of the law establishing it“. However, as the Constitutional Council reminds, the authors of the law and the Parliament were wanted for everything.”allow women to have access to medically assisted childbirth without discrimination based on their marital status or sexual orientation“.
“Treatment Difference”
Therefore, with a good reason, the legislator considered:that the difference in situation between men and women with regard to civil status rules may justify a difference in treatment» to access PMA. It is said in his press releasesagesLet’s remind that the Constitutional Council cannot replace the legislator in this matter, but the latter can.any time» choose to change the law.
Constitutional Council for GIAPS “nullifies the constitutional principle of gender equality“. “If gender in the civil registry is an objective and rational criterion for differentiating access to certain rights, why not say that only women in the civil registry can benefit from, for example, family benefits, or even that trans men are excluded from the right to abortion? ?“, the association joked in a press release.
Source: Le Figaro
