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Advocates of a law change have welcomed the investigation into the country’s legal framework, calling the law outdated and detrimental to women.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.
The headline really is misleading. Abortion is allowed and performed regularly before 12 weeks pc/14 weeks pm. It is more of a formal change because an outdated paragraph makes it a crime, yet it is decriminalized and not prosecuted.
The more problematic part of that paragraph was that “advertising abortion” is illegal, i.e. mentioning that you perform abortions in your office on a website etc was illegal and could still be criminalized. That put people in a position when they had to call office after office to ask whether they perform abortions instead of just googling it. That was a hassle and impractical and punishing women when they are in a vulnerable place to begin with. (Hell I can’t even make a phone call to make a regular doctor’s appointment.)
But the first part is mostly about language. Abortion being a crime that is not punished implies that women, despite having legal access to abortion, still do something wrong (and de facto illegal) in the eyes of the state and the law.
The more problematic part of that paragraph was that “advertising abortion” is illegal,
Noone cared about doctors having a quick paragraph about in on their webpage before an US evangelical went to court over it and courts found no way to interpret the language but to consider it advertisement, so they changed the law. AFAIU it was always intended to mean “don’t have billboards” but apparently the courts disagreed. IIRC they also added a register thing so that places offering counselling can give women a list of providers near them.
