A significant movement among German MPs is pushing to amend abortion laws ahead of elections, with discussions in the Bundestag today. Key proposals include relocating paragraph 218 from the Penal Code to the Pregnancy Conflict Act, legalizing early-stage abortions under specific conditions. Advocates, including SPD member Carmen Wegge, stress the need for reform due to the stigma and accessibility issues surrounding current regulations. Achieving a parliamentary majority remains crucial, with ongoing negotiations among various political factions.
In the lead-up to the upcoming elections, a significant movement is underway among MPs to modify abortion legislation. Can these proposed changes be realized, and will they hold up constitutionally? Today, the Bundestag is set to discuss these important topics.
Among the most recognized legal provisions in Germany is § 218 of the Penal Code, which addresses abortion laws. This section has been a point of contention for decades.
There are plans to remove the current form of this regulation from the Penal Code, driven by a coalition of 328 Bundestag members advocating for a change. A debate regarding this reform is scheduled for today.
More than 300 MPs are pushing to relocate paragraph 218 from the Penal Code to the Pregnancy Conflict Act.
Current Legal Framework
Under the existing law, terminating a pregnancy as per paragraph 218 is generally deemed illegal. Exceptions are made in cases of sexual violence or when the life and health of the pregnant individual are in jeopardy.
If a woman chooses to end her pregnancy for other reasons within the first twelve weeks and consults a doctor, she faces no penalties—as long as she has sought counseling beforehand and observed a three-day waiting period. However, even in these scenarios, the act remains classified as unlawful.
This legal nuance carries significant implications: Women are left with the stigma of having engaged in an unlawful act, and statutory health insurance does not cover the procedure, forcing them to bear the financial burden.
Key Changes Proposed in the Reform
The proposed reform aims to stipulate that only abortions conducted against or without the consent of the pregnant individual will be addressed within the Penal Code. All other abortion-related regulations are expected to be included in the Pregnancy Conflict Act. Abortions performed by a doctor within the first twelve weeks, following prior counseling, would be legalized.
Carmen Wegge, an SPD Bundestag member and key advocate for this legislative change, shared insights on the podcast ‘Die Justizreporter*innen’ from the ARD Legal Editorial Team: ‘Our perspective indicates that there is a significant difference because 60 percent of doctors surveyed stated they refrain from performing abortions due to its criminalization in the Penal Code.’
This situation has resulted in a severe shortage of providers for women seeking these services, according to Wegge. ‘It is becoming increasingly challenging for women to find a qualified doctor who offers abortion services.’
Post the twelfth week, abortions would continue to be punishable under the new regulations.
Legal Precedents and Current Context
It has been over 30 years since the Federal Constitutional Court last made a landmark ruling on abortion laws. In its 1993 decision, the court emphasized the state’s responsibility to ‘protect human life, including that of the unborn.’ It deemed abortion as a wrongdoing throughout the pregnancy, thus legally prohibited unless under specific circumstances.
Nevertheless, the ruling allowed for the possibility of women not facing penalties in the first twelve weeks. This decision laid the groundwork for the current legal framework in the Penal Code. The ruling was contentious, passing by a narrow margin of five to three votes.
For over a century, paragraph 218 has sparked division within German society.
Could Today’s Ruling Differ?
The reform advocates are cognizant that if the Federal Constitutional Court upholds its previous stance, the new regulations could be swiftly invalidated.
Despite this, they remain hopeful. Wegge pointed out: ‘The legislator must adapt to the evolving societal and legal landscape. We believe the Federal Constitutional Court would not rule in the same manner today as it did three decades ago.’
The concept of women’s self-determination has evolved significantly in legal interpretations over the past 30 years, according to Wegge. The protection of unborn life will still be emphasized, particularly since the new regulations would not substantially differ from the current framework.
Expert Opinions on the Proposed Changes
The push for reform is backed by an expert commission that recently released a report advocating for the decriminalization of early-stage abortions.
There is a possibility that the constitutional guardians may grant lawmakers more leeway in balancing the conflicting constitutional values: the protection of unborn life on one hand, and the right to self-determination for women on the other. Yet, a change carries the risk of facing challenges in Karlsruhe, potentially leading to the new rules being overturned.
In Germany, the legality of abortion remains a contentious issue, with the commission asserting that the current stance is no longer tenable.
Is a Majority in the Bundestag Achievable?
To amend abortion laws, a simple majority in the Bundestag is essential, necessitating 367 votes in favor. The proposal has garnered support from various factions, with 328 MPs already signing on, leaving 39 votes still needed.
Support is anticipated from the SPD, Greens, and the Left, along with indications of backing from BSW MPs. However, securing votes from the Union or FDP, whose leaders oppose changes, remains crucial.
Wegge expresses optimism on the podcast ‘Die Justizreporter*innen’: ‘I genuinely believe we can achieve a majority in the German Bundestag.’ The Young Liberals have urged FDP MPs to engage in parliamentary discussions and consider reforms.
Will a Vote Occur Soon?
Several FDP MPs have begun to express their support for reform, and there are constructive dialogues occurring with Union MPs.
However, it remains uncertain whether a vote will take place before the new elections. The Council of Elders of the Bundestag must approve discussions for the second and third readings, a step that could potentially be obstructed by Union and FDP factions, though this would be unusual for group applications.
Following today’s debate, the topic will be forwarded to the Legal Committee of the Bundestag, where subject matter experts will be heard in a public forum.