Doctors who offer ‘virginity tests’ could face jail in France

Practice is a human rights violation, the WHO says

Medical practitioners could face a year in jail under proposed legislation (Getty Images/iStockphoto)

Doctors in France who provide so-called “virginity certificates” could face imprisonment and fines under legislation proposed by the Macron administration to fight what it describes as "Islamic separatism”. 

The bill, which will be presented to parliament in December, could see physicians face up to a year in jail and fine of €15,000 (£14,000) for issuing a virginity certificate, which are sometimes requested for traditional religious marriages.

Nearly one in three French doctors say they have been asked to give out a certificate “proving” a woman’s virginity, and most refuse, according to France 3 TV news.

The World Health Organization says inspecting the hymen cannot prove whether a woman or girl has had vaginal intercourse, and condemns the process as a human rights violation.

It comes after Emmanuel Macron gave a speech on Friday where he said a minority of France’s six million Muslims were at risk of forming a "counter-society". Some accused the president of trying to repress Islam. 

ANCIC, a French organisation that provides advice on abortion and contraception, says further educational work is needed to eliminate the practice, which the BBC reports as being most common in North Africa and the Middle East, India, Afghanistan, Bangladesh and South Africa.

The association said that though it supports the government's position against "virginity tests", it warned that in some cases women were in real danger and "a ban would simply deny the existence of such community practices, without making them disappear".

"We think this question must be tackled quite differently, so that women and men free themselves and reject the weight of these traditions," ANCIC told the BBC.

"There needs to be educational provision, to inform, discuss, prevent and give support."

The group’s stance is similar to the UN’s, which in October 2018 called for awareness campaigns to accompany bans on the controversial tests.

Dr Ghada Hatem, a French gynaecologist, echoed some of ANCIC’s concerns, telling France Inter news that although she is only asked for “at most” three such certificates a year, she provides them to women and girls who fear violent retribution.

"If they say 'my brother will beat me up, my dad will strangle me, my in-laws will ruin my family's reputation' I have no reason to disbelieve them,” Dr Hatem said.

Marlène Schiappa, the minister delegate in charge of citizenship, said the bill should also punish those who demand tests, such as parents or fiancés. 

The minister said the new legislation would also seek to deport polygamists from the country, and enforce stricter protections against forced marriages.