Controversy over abortion rights flares up again

The Union wants to go to the Constitutional Court against traffic light plans for abortion. CDU politician Frei warns of old wounds and social divisions opening up.

A new dispute has broken out over the liberalization of abortion rights in Germany. Next week, proposals will be presented by a government commission – and according to a “Spiegel” report, the experts want to recommend general impunity for abortions within the first twelve weeks.

To date, an abortion is generally punishable under Section 218 of the Criminal Code unless it takes place in the first twelve weeks and the woman has sought advice beforehand. The Union immediately protested against such general impunity. The organization Pro Familia campaigned for a regulation outside of criminal law.

Warning of social conflicts

Union parliamentary group leader Thorsten Frei (CDU) warned against reopening social lines of conflict after the compromise on abortion rights from the 1990s. This is “completely unnecessary” in a situation in which the coalition has to deal with completely different problems, such as the economic crisis or the rising crime rate. “It would be fundamentally wrong to provoke further social conflicts,” said Frei in Berlin. If the traffic light coalition adopts such proposals, “that would inevitably lead to” a lawsuit being filed in Karlsruhe.

The CDU chairman Friedrich Merz is betting that Chancellor Olaf Scholz will prevent abortion paragraph 218 from being weakened. “Although it is a small hope, I have hope that the Chancellor has the strength to dissuade the coalition from bringing another major social conflict into this country,” said the opposition leader in the Bundestag in Berlin.

The chairman of the CSU in the Bundestag, Alexander Dobrindt, also threatened to take legal action before the Federal Constitutional Court if the traffic light government wanted to change the abortion law in line with the commission’s recommendation. Dobrindt spoke of “another building block in the polarization of society.” With Paragraph 218, a most difficult compromise was reached 30 years ago – “which is not satisfactory for many, but which has created social peace on this issue.”

The final report of the government commission, which began work a good year ago, is due to be presented next Monday. The committee includes 18 experts from medicine, psychology, sociology, ethics and law. The Ministry of Health and Family Affairs initially did not comment when asked and referred to the presentation of the recommendations. Family Minister Lisa Paus (Greens) had indicated several times in the past that she could imagine a new regulation.

Commission: Illegality untenable

According to “Spiegel”, the commission’s report states: “The fundamental illegality of abortion in the early phase of pregnancy is untenable.” It should be noted that the current regulations in the Criminal Code do not stand up to constitutional, international and European law scrutiny. As soon as a fetus is capable of independent viability, abortions should remain prohibited. The commission recommends that the limit is around the 22nd week since the start of the last menstruation.

Pro Familia: Decriminalize abortions

The Pro Familia Federal Association called for urgent action. When reforming, the government must make full use of possible leeway and completely decriminalize abortions. In addition, the obligation to provide advice and waiting times would have to be abolished. Overall, the focus must be on trust in pregnant women as well as in advice and doctors. Human rights and effective protection of life require expanding, not restricting, decision-making options.

The Left group in the Bundestag also insisted on the rapid decriminalization of abortions and on a right to advice for those affected instead of the current obligation to provide advice. “We expect all democratic parties in the Bundestag to follow the commission’s recommendations.” The federal government must now present a draft law “quickly”. From the left’s perspective, health insurance companies should also cover the costs of abortions in the future.

The Catholic welfare association Caritas, on the other hand, stated that the current regulation is not a criminalization of abortion that violates international law, but rather a balanced concept that protects the life of the child through the self-determination of the woman. Therefore, a thorough discussion is necessary after the commission report has been presented. The importance of good advice and support for expectant parents cannot be emphasized enough.

Paragraph 219a has already been abolished

The SPD, FDP and Greens had agreed to set up a “Commission on Reproductive Self-Determination” in the coalition agreement, which would, among other things, examine regulations for abortions outside of the criminal code. According to the current legal situation, an abortion is not punishable if there are medical reasons or if it is carried out because of rape. According to the Federal Statistical Office, there were around 104,000 reported abortions in Germany in 2022.

The federal government had already introduced far-reaching changes to the law in connection with abortions in the first year of its term in office: it abolished the controversial paragraph 219a, which had previously regulated the “ban on advertising” for abortions and had repeatedly led to doctors punishable if they made information publicly available.