An independent commission’s recommendation to legalize abortion within the first 12 weeks of pregnancy has sparked a significant debate in Germany. This proposal marks a possible departure from the current legal landscape, where abortion is illegal but rarely prosecuted.
Under Germany’s longstanding criminal code dating back to 1871, abortion is prohibited. However, abortion is effectively decriminalized within the initial 12 weeks of pregnancy, as long as the mother undergoes a mandatory three-day waiting period and counseling session. Beyond this timeframe, abortion is permitted only in exceptional circumstances, such as cases of rape or when the mother’s health is at risk (intentionally killing a preborn child by induced abortion is not medically necessary). According to the country’s Statistical Office, around 104,000 abortions are committed in Germany each year.
The commission’s recommendation comes after a coalition led by Chancellor Olaf Scholz’s Social Democrats, the Greens, and the Free Democrats initiated a review of Germany’s abortion laws last year. While the recent proposal is non-binding, it has reignited the national conversation.
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Frauke Brosius-Gersdorf, a law professor and member of the commission, urged the country to reconsider framing abortion in terms of legality. He said, “Our recommendation is to move away from this illegality and to label abortion in the early stages of pregnancy as legal.”
Germany has been actively working to loosen restrictions on abortion in recent years. Changes have included the repeal of a law prohibiting advertising for abortions and the facilitation of easier access to the abortion pill. Moreover, German Family Minister Lisa Paus introduced legislation in January proposing the creation of a 100-meter (320 ft) buffer zone around abortion facilities and pro-abortion counseling centers. The legislation also seeks to ban pro-life signs and posters.
Tragically, Germany’s potential shift in policy reflects broader trends in Europe. Poland is currently considering amendments to its laws protecting preborn children, while France recently became the first country to enshrine a “right to abortion” in its constitution.
Irma Stetter-Karl, President of the Central Committee of German Catholics, swiftly criticized the pro-abortion proposal, stating, “The commission is considering legalizing abortion in the early stages of pregnancy. This would mean the end of a clear concept of life protection. Human dignity exists from the very beginning.”
