Abortions in first 12 weeks should be legalised in Germany, commission says
Abortions in first 12 weeks should be legalised in Germany, commission says
Most cases of abortion are illegal in Germany, which report says is not compatible with international standards
Most cases of abortion are illegal in Germany, which report says is not compatible with international standards
Abortions in Germany should be legalised within the first 12 weeks of pregnancy, a government-appointed commission has recommended.
While abortion is rarely punished, it remains illegal in Germany, except for specific circumstances including when a woman’s life is in danger, or she is a victim of rape, while the prerequisite for any termination is a consultation with a state-recognised body.
Advocates of a law change have welcomed the investigation into the country’s legal framework, calling the law outdated and detrimental to women. Even in the cases not considered illegal, the procedure must take place within the first three months, except when there is a compelling reason to carry it out later.
The all-female expert commission on reproductive self-determination and reproductive medicine was set up by Chancellor Olaf Scholz’s three-party government after the desire to change the 153-year-old law was anchored in its coalition agreement.
We're on a run.
Cannabis decriminialized, now abortion legalization (shoutout to our french neighbours for setting the pace!), Deutschlandticket, energy gets decarbonized (yes, former governments made some mistakes there...) and the list goes on.All that to be killed off because the fucking boomers will vote "conservative" next year, the country is moving too fast for them or some BS, LMAO.
61I agree so much. The current government isn't perfect by any means but Jesus cut them some slack. They are at power after 16 years of consecutive conservative rule. You can't change everything within one year. Moreover, they've taken over a country in the middle of a pandemic, then the biggest European war since WWII started and now there's that whole mess in the middle east. Like, I am also not 100% on board with everything but for a coalition of 3 vastly different parties who rule for the first time, and under all the conditions inherited and newly acquired, they are really doing a decent job.
22Germany moving too fast? What are they? Snails?
11It's still way too slow, FDP does their best to slow us down.
3And the Selbstbestimmungsgesetz! Finally you don't have to answer F U N questions about e.g. ypur sexual preferences in order to be allowed to change your name and gender entry.
3Right, I knew I had forgotten something :)
2
As an American I’m shocked how many European countries have stronger restrictions than the United states.
20The headline really is misleading. Abortion is allowed and performed regularly before 12 weeks pc/14 weeks pm. It is more of a formal change because an outdated paragraph makes it a crime, yet it is decriminalized and not prosecuted.
The more problematic part of that paragraph was that "advertising abortion" is illegal, i.e. mentioning that you perform abortions in your office on a website etc was illegal and could still be criminalized. That put people in a position when they had to call office after office to ask whether they perform abortions instead of just googling it. That was a hassle and impractical and punishing women when they are in a vulnerable place to begin with. (Hell I can't even make a phone call to make a regular doctor's appointment.)
But the first part is mostly about language. Abortion being a crime that is not punished implies that women, despite having legal access to abortion, still do something wrong (and de facto illegal) in the eyes of the state and the law.
14The more problematic part of that paragraph was that “advertising abortion” is illegal,
Noone cared about doctors having a quick paragraph about in on their webpage before an US evangelical went to court over it and courts found no way to interpret the language but to consider it advertisement, so they changed the law. AFAIU it was always intended to mean "don't have billboards" but apparently the courts disagreed. IIRC they also added a register thing so that places offering counselling can give women a list of providers near them.
3
*than the less restrictive states in the US.
What sets the US apart is how wildly the laws vary by state, with 10 states currently allowing no exceptions for rape, incest, or life of the mother, i.e total, or near-total, bans.
In contrast, while many countries in Europe limit abortions to a point between 12 and 20 weeks, there are almost always exceptions and circumstances where an abortion can be granted medical approval.
14Which 10 states would those be? I don’t know of any state that prohibits an abortion when the life of the mother is at risk.
https://abc7ny.com/amp/abortion-ban-map-where-banned-restricted-protected/13299140/
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It's really just social safety nets that Europe is more liberal about. Many things are fairly conservative. The protected designation of origin laws are a pretty good example.
5Yeah at least in theory lol, some of those countries aren’t even very religious, would expect looser rules on this
4Germany is quite big on not having too easy answers to ethical questions. Roe vs. Wade pretty much said "fetuses aren't even people who cares", while the German position is "fetuses develop as, not to, humans", thus there's a rights conflict which has to be addressed in some way or the other.
I don't think anything much will change in practice, this will end with some definition changes (decriminalised vs. legal) and some reforms around pregnancy counselling as well as making sure that counselling and abortion are actually properly available (looking at you, Bavaria), maybe reforms around costs for abortions (at-will are not considered medically necessary thus health insurance doesn't cover it, but if you're poor the state will cover it, aftercare in any case is medically necessary thus paid by insurance). The overall tenor will still be "the state has a duty to minimise the number of abortions, primarily by social and welfare means", the constitutional court would void any law that implies otherwise very quickly.
On the flip-side a total ban would be completely unthinkable: Abortions for medical or criminological reasons count as self-defence, no questions asked, no arguments to be had. Evaluation in either case is up to the medical profession, no need for a guilty verdict or any such stuff.
4
I went in to read the German law itself and it's basically only illegal if certain conditions aren't met and that is getting a counseling beforehand.
I think that's a bit of a far stretch and misleading to say it's illegal but rarely punished etc.
Also the headline is completely wrong, as it is already allowed to get an abortion up to week 12.
Here is the part of the legal text defining the requirements.
Section 218a Exemption from punishment for abortion
(1) The elements of the offence under section 218 are not deemed fulfilled if
1. the pregnant woman requests the termination of pregnancy and demonstrates to the physician by producing the certificate referred to in section 219 (2) sentence 2 that she obtained counselling at least three days prior to the procedure,
2. the termination is performed by a physician and
3. no more than 12 weeks have elapsed since conception.
13I think that’s a bit of a far stretch and misleading to say it’s illegal but rarely punished etc.
It's illegal but not punished if those conditions are met. It's a legal detail due to the constitutional court saying, more or less, that you can't just legalise the killing of a human if it's not self-defence and at-will abortions can't count as self-defence as noone infringed on the woman's rights.
The state is required to combat abortions, but social and welfare means have precedence over criminal punishment. Germany has a very low abortion rate (5.4/1000 women), that's about half that of Poland (which is Catholic) and 1/3rd to 1/4th (depending on the numbers you look at) of the US rates, and that's with abortion being illegal in a lot of US states and probably getting undercounted. 1/10th of Cuba.
7It is illegal but decriminalized under those conditions. Still have a lot of pre conditions to fullfill
3
This is the best summary I could come up with:
While abortion is rarely punished, it remains illegal in Germany, except for specific circumstances including when a woman’s life is in danger, or she is a victim of rape, while the prerequisite for any termination is a consultation with a state-recognised body.
However, opposition lawmakers, in particular from the conservative Christian Democratic Union/Christian Social Union alliance and the far-right Alternative für Deutschland, say as it stands the existing law enjoys broad acceptance and offers necessary protection to the unborn.
Leaked to some German media last week, the report included the recommendation that by effectively criminalising any woman who goes ahead with an abortion, the law is untenable.
Those pushing for a change to the law say the fact that abortion in the early stages of pregnancy is included as paragraph 218 of the penal code means a future government could instigate punishments for terminations relatively easily.
On Friday, the Center for Reproductive Rights in Europe welcomed the news that lawmakers in Poland under the new liberal government of Donald Tusk had taken the first step in relaxing the country’s strict abortion rules, including seeking to decriminalise the act.
In 2022, a Nazi-era law in Germany that forbade doctors from advertising abortion services was abolished after attempts by anti-abortion activists to push for the prosecution of some gynaecologists.
The original article contains 640 words, the summary contains 217 words. Saved 66%. I'm a bot and I'm open source!
2Not after but in the first three months? And after that it's legal? How very weird.
-8Abortion is illegal in Germany. It's not being prosecuted under specific circumstances but it's generally illegal. That's what is supposed to be changed.
4Yeah... laws like these typically don't make logical sense.
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