Order of 7 August 1989 on the guidance file provided for in Article L. 162-3 of the Public Health Code.
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The plaintiff hospital sought a declaratory order that a cesarean section be performed on a woman expected to die within two days who was in her twenty-sixth week of pregnancy and objected to the operation. On appeal of a decision granting the order, the Court ruled that the privacy rights of the mother against bodily intrusion should be subordinated to the interests of the unborn child and the state and refused to stay the order even though that might mean that the mother's lifespan would be shortened by a few hours.
This Law raises to sixteen the age at which consent is no defense in prosecutions for unlawful and indecent assault upon a woman. It also raises to sixteen the age below which having sex with a woman is an offense and removes from this offense the defense of consent.
This Decree creates within the Secretariat of Human Development and the Family a Subsecretariat of Women and a Subsecretariat of Youth. The Subsecretariat of Women contains three directorates: a) the National Directorate for the Promotion and Participation of Women; b) the General Directorate of Institutional Relations and Coordination; and c) the National Directorate of Studies, Projects, and Investigation for Women. The functions of the Subsecretariat of Women are reproduced in the Appendix to this volume under Section 610.