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Advocates of a law change have welcomed the investigation into the country’s legal framework, calling the law outdated and detrimental to women.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.
Germany 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.
