Germany should legalise abortions within the first 12 weeks of pregnancy, a government-appointed commission recommended on Monday.
Abortion remains illegal in Germany except in special circumstances, including if a woman’s life is in danger or she is a victim of rape, and consultation with a government-recognised body is a prerequisite for any termination of pregnancy.
Those in favour of changing the law have called the law outdated and detrimental to women. Even in cases that are not considered illegal, the procedure must be carried out within the first three months, unless there is a compelling reason to carry it out later.
Chancellor Olaf Scholz’s three-party government set up the women’s expert commission on reproductive self-determination and reproductive medicine after the desire to change the 153-year-old law was enshrined in his coalition agreement.
But opposition figures, particularly those from the conservative Christian Democratic Union/Christian Social Union alliance and Alternative for Germany, argue that the existing law is widely recognised and provides the necessary protection for the unborn. They argue that despite its illegality, abortion is accessible and very rarely results in prosecution. If the recommendations are accepted, they said they will appeal to the constitutional court.
AfD argues that too many abortions are currently being performed and favours stricter legislation on the subject. One of its arguments is that if the birth rate is higher, Germany will need fewer migrants.
The report is expected to stress that Germany’s existing law does not meet international standards and needs to be modernised.
Last week, some German media reported that the report recommended that the law, which effectively criminalises any woman who decides to have an abortion, is untenable. It read:
The fundamental illegality of abortion in the early stages of pregnancy is not sustainable.
Experts said that termination of pregnancy beyond the time at which the foetus is considered capable of surviving outside the womb, which is generally considered to be around 22 weeks, should remain banned. Experts said it should be up to lawmakers to decide on specific time limits, recommending that existing medical and ethical guidelines be followed.
Supporters of the law change say the fact that early-term abortion is included in paragraph 218 of the penal code means it will be relatively easy for a future government to introduce penalties for terminating a pregnancy.
In 2022, Germany repealed a law that banned doctors from advertising abortion services after anti-abortion activists attempted to prosecute some gynaecologists.
The Bundestag also recently passed a new law, Gehsteigbelästigungsgesetz, which prohibits intimidation of people, whether staff or patients, in areas around clinics offering abortions.
