Expert Commission Recommends Legalization Of Abortions Within First 12 Weeks Of Pregnancy In Germany

Germany's current stance on abortion is unique among European countries, as it is considered illegal except under specific circumstances such as when a woman's life is endangered or in cases of rape. However, in practice, abortions are rarely prosecuted if the woman undergoes mandatory counselling and observes a three-day waiting period before the procedure.

Currently, abortion in Germany is governed by Section 218 of the German Penal Code. According to this law, abortion is generally illegal except under specific circumstances. These circumstances include:

• When the woman's life or physical or mental health is at risk due to the pregnancy.
• When the pregnancy is a result of rape or incest.
• When a qualified doctor confirms that there is a serious risk of severe physical or mental harm to the woman if the pregnancy continues.
• When the woman undergoes mandatory counselling and observes a three-day waiting period before the procedure.

Abortions performed outside of these circumstances are punishable by law. However, in practice, prosecutions for abortions are rare, especially if the procedure meets the legal criteria outlined above.

Report

One of the primary recommendations put forth by the expert panel is the legalization of abortions within the first 12 weeks of pregnancy.

Acknowledging the challenges faced by women in accessing abortion services, particularly in rural areas where clinics may be scarce, the report underscored the importance of ensuring swift and equitable access to reproductive healthcare. It highlighted instances where women have encountered difficulties in finding physicians willing to perform abortions due to the legal uncertainty surrounding the procedure.

The Commission emphasized the need to align Germany's abortion laws with international standards and human rights principles. Legalizing abortions within the first trimester of pregnancy, as recommended by the report, would bring Germany's laws more in line with global norms and ensure that women's reproductive rights are protected. However, the recommendations are non-binding and that the government retains discretion over whether to enact changes to the existing laws.

Opposition parties, including conservative and far-right groups, have expressed reservations about the proposed reforms, stating concerns about the sanctity of life and potential societal divisions.

Other European Countries

France has relatively liberal abortion laws, allowing for abortion on request up to 12 weeks of pregnancy. After 12 weeks, abortions are permitted in cases where the woman's health or life is at risk, or if the foetus has a severe abnormality. In the United Kingdom, abortion is legal under the Abortion Act 1967, which allows for abortion up to 24 weeks of pregnancy if certain conditions are met. Additionally, abortions can be performed after 24 weeks in cases of fetal abnormality or risk to the woman's health.

Poland has some of the most restrictive abortion laws in Europe. Abortion is only permitted in cases of rape, incest, fetal abnormality, or risk to the woman's life or health. However, recent attempts to further restrict abortion laws have sparked significant protests and international condemnation.

Ireland historically had some of the most restrictive abortion laws in Europe, with abortion banned in almost all circumstances. However, following a referendum in 2018, Ireland legalized abortion, allowing for abortion on request up to 12 weeks of pregnancy and in certain circumstances thereafter.