Human autonomy as a fundamental human right no longer subjects abortion to criminal law
In Germany, a government-appointed expert commission's proposal to fully decriminalize abortion in the first 12 weeks of pregnancy has sparked significant public and institutional controversy. This proposal contrasts with the existing "abortion compromise" from 1990, whereby abortion is generally illegal but not punishable within the first three months if certain counseling and waiting period conditions are met.
The ongoing debate has seen calls for reform supported by various organizations, including the German Women's Council and the Alliance for Sexual Self-Determination. Pastor Birgit Reiche, Managing Director of the Evangelical Women's Help in Westphalia e.V. (EFHiW), advocates for abortions to be in medical basic care, not the criminal code. She argues that self-determination over one's own body is a fundamental human right and should be respected and protected.
However, religious and pro-life groups have strongly criticized these calls for reform. Key figures in this debate include Frauke Brosius-Gersdorf, a constitutional law professor nominated to the Federal Constitutional Court, who supports the decriminalization of abortion throughout pregnancy. Her controversial view that embryos and fetuses do not possess human dignity under the German Basic Law has provoked widespread protest.
Pro-life organizations, including prominent Catholic bishops, have heavily opposed her appointment and the proposed reform. They argue that human dignity is inviolable from the moment of conception and that abortion violates this principle. They see the protection of unborn life as a non-negotiable ethical basis for law and society, expressing concern that liberalizing abortion laws undermines these foundational values.
The focus of the reform is on the decriminalization and regulation of abortions outside the Criminal Code. The aim is to recognize abortions as part of medical basic care and finance them by health insurance companies. However, supply gaps, especially in rural regions, make it difficult to access medically safe abortions. The German Women's Council calls for a time limit solution outside the Criminal Code, supported by a legal claim to qualified, barrier-free counseling and comprehensive medical care.
The controversy extends into judicial appointments, reflecting deeper societal divisions over abortion law reform and the interpretation of human dignity under German constitutional law. As the federal government is expected to take concrete steps towards this reform, the debate continues to unfold, with both sides passionately advocating for their respective positions.
- The proposal to decriminalize abortion in the first 12 weeks of pregnancy, initiated by a government-appointed expert commission in Germany, has led to heated debates not only among the public but also in institutions, delving into the realms of health-and-wellness, mental-health, and women's health.
- The German Women's Council and the Alliance for Sexual Self-Determination are among the organizations calling for reform, advocating for a shift in policy-and-legislation, insisting that self-determination over one's body is a fundamental human right.
- Religious and pro-life groups, including prominent Catholic bishops, vehemently oppose the proposed reform, asserting that human dignity is inviolable from the moment of conception and that abortion violates this principle, thus undermining the foundational values of society and law.
- The controversy surrounding the reform extends beyond the legal framework, touching upon general-news topics, such as politics and judicial appointments, as the focus is not only on decriminalization but also on the regulation of abortions outside the Criminal Code, with a goal to finance them through health insurance companies and ensure accessible, safe, and comprehensive medical care.
