Abortion regulations in Germany are under scrutiny, particularly regarding the legality of procedures within the first twelve weeks. A growing coalition, led by Green politician Ulle Schauws, seeks to reform existing laws, with 327 Bundestag members supporting the initiative. Proposed changes aim to decriminalize early abortions and transfer regulation to the Pregnancy Conflict Act. However, political uncertainty following the collapse of the traffic light coalition raises questions about achieving majority support for the legislation before the upcoming election.
Controversy Surrounding Abortion Regulations in Germany
The topic of abortion during the first twelve weeks remains a contentious issue in Germany. A significant number of lawmakers are pushing for new regulations to legalize this procedure. The question now is whether this initiative can gain traction in the wake of the recent collapse of the traffic light coalition ahead of the upcoming election.
Support for Legislative Change Grows
A new group application aimed at revising abortion laws is rapidly gaining momentum. Green politician Ulle Schauws has announced that 327 members of the Bundestag have signed on as initial supporters, a notable increase from the previous count of 240.
Schauws emphasized that this represents a ‘strong signal’ and called upon the Bundestag to take decisive action towards establishing a modern abortion law within this legislative term. As one of the key advocates for legalizing abortions up to the twelfth week, she is optimistic about the potential for change.
The group plans to present its application in parliament this week, although the agenda for Thursday and Friday has yet to be finalized. Observers expect developments to unfold soon.
Currently, abortions are technically illegal in Germany, but a commission has indicated that this status quo is no longer sustainable. The proposal seeks to shift the regulation of abortions away from criminal law, specifically paragraph 218, and place it under the Pregnancy Conflict Act, making the procedure non-punishable within the first twelve weeks after conception. While the initial plan has been modified to retain the counseling requirement for women, the mandatory three-day waiting period between counseling and the procedure would be abolished, with costs covered by health insurance.
As it stands, abortions performed within the first three months are not subject to punishment if conducted according to the prescribed counseling procedure, yet they remain unlawful and are not covered by health insurance.
With 733 members in the Bundestag, the landscape has shifted significantly following the collapse of the traffic light coalition, eliminating fixed majorities. For the proposed legislation to pass, support or at least abstentions from the FDP faction would be crucial.
Despite the political uncertainty, Green faction leader Katharina Dröge believes a majority could still be achieved for this legislative initiative. Speaking before a faction meeting in Berlin, she expressed her hope that the Bundestag could pass the law this legislative term, highlighting substantial parliamentary backing for the group application.
Dröge stated, ‘I belong to a very large group of lawmakers who will propose this week that we come to a reform that allows more security and more self-determination for women.’
On the other hand, FDP faction leader Christian Dürr has stated that party members will have the freedom to vote according to their conscience on this issue, which he regards as a medical-ethical matter. He raised concerns about whether there would be sufficient time for adequate counseling before the vote.
Federal Minister for Women Lisa Paus has also expressed her support for the group application, indicating a potential shift towards legal reform.
However, new FDP Secretary General Marco Buschmann has voiced opposition to reforming abortion regulations before the elections, citing the complexity of the ethical and legal implications involved. During a recent event, he argued that hastily addressing such significant issues would not serve justice.
Buschmann asserted that the current compromise has helped to stabilize societal discourse, reiterating that while paragraph 218 remains part of criminal law, enforcement is largely theoretical if the stipulations are followed. He is skeptical that a simple removal from the penal code would withstand scrutiny in the Federal Constitutional Court.
For over a century, paragraph 218 has been a divisive topic within German society.
Additionally, the CDU and CSU factions have reaffirmed their reluctance to engage in new legislative initiatives before the Bundestag election on February 23. Faction manager Thorsten Frei (CDU) has indicated that they have little interest in pursuing complex legislative procedures with the federal government, deeming discussions on criminal law paragraph 218 inappropriate given the limited time for serious debate.