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Advocates of a law change have welcomed the investigation into the country’s legal framework, calling the law outdated and detrimental to women.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.
Nono it’s illegal it’s just that, quoth:
(1) The elements of the offence under section 218 are not deemed fulfilled if
- the pregnant woman requests the termination of pregnancy and demonstrates to the physician by producing the certificate referred to in section 219 (2) sentence 2 that she obtained counselling at least three days prior to the procedure,
- the termination is performed by a physician and
- no more than 12 weeks have elapsed since conception.
TBH I don’t think anyone really understands the legal-philosophical meaning of it. The constitutional court said something along the lines of “you can’t just call it legal” and then someone came up with this. I guess you could call it a legal fiction, comparable to this gem:
(1) Only a person who is alive at the time of the devolution of an inheritance may be an heir.
(2) A person who is not yet alive at the time of the devolution of an inheritance, but has already been conceived, is deemed to have been born before the devolution of an inheritance.
