Contest aiming to undermine women's autonomy
In the heart of Europe, Germany continues to grapple with the contentious issue of abortion, with Section 218 of the Criminal Code still in place. This law criminalizes abortion except under certain conditions, although it is not punished if performed within certain time limits or conditions.
The current debate revolves around the right to human dignity and its application to the embryo after implantation. According to lawyer Frauke Brosius-Gersdorf, a constitutional judge nominee, such an application would create insurmountable conflicts with the fundamental rights of the pregnant woman. Brosius-Gersdorf clarified that her statements did not mean she was advocating for the complete legalization of abortions. Instead, she argued for continuing to punish abortions after the twelfth week.
The traffic light government, a coalition of the SPD, Greens, and Left Party, commissioned a legal opinion on how this legalization could be implemented safely. However, a revision in line with the expert commission's recommendations and the bill submitted by 236 SPD, Green, and Left Party members is not expected. The collapse of the traffic light coalition in early November 2024 did not primarily cause the proposal's failure to become law.
The debate between the Union and the SPD was sparked about whether changes to paragraph 218 are necessary due to the formulations in the coalition agreement. Then-Health Minister Karl Lauterbach (SPD) and Justice Minister Marco Buschmann (FDP) blocked a legislative initiative by the traffic light coalition.
For more than half a century, polls have shown that around 80% of citizens support the decriminalization of abortion in the first 12 weeks after conception. Yet, opponents of abortion, often represented by the self-proclaimed pro-life movement, have significant influence on federal politics, despite being a minority.
The successful right-wing conservative campaign against the election of Frauke Brosius-Gersdorf as a constitutional judge is an example of the increasing power of opponents of abortion and women's self-determination in German society. Brosius-Gersdorf criticized the Union faction in the Bundestag for contradicting the coalition agreement on abortion. She also advocated for making abortion legal in the first three months of pregnancy.
In February, the CDU, CSU, and FDP prevented the Bundestag from voting on the bill. The coalition agreement mentions an expansion of the health insurance coverage for the abortion procedure, according to Brosius-Gersdorf. Abortions would not be legally permissible if the woman's life were at risk, according to Brosius-Gersdorf's view.
The advertising ban related to abortion was repealed in 2022, but Section 218 itself remains in force as of mid-2025. Thus, while there are ongoing discussions and proposals, the current legal framework still treats abortion under criminal law, with a legal compromise allowing abortions under regulated circumstances. The debate balances women's reproductive rights against the constitutional protection of unborn life.
The issue of abortion in Germany remains a complex and emotive topic, with deep divisions within society. As the debate continues, the focus remains on finding a solution that respects both the rights of the pregnant woman and the protection of unborn life.
References:
- Abortion in Germany
- Abortion Law in Germany
- The Abortion Debate in Germany
- The ongoing debate regarding abortion in Germany is not just confined to the legal sphere, as it intersects with health-and-wellness, women's health, and even politics.
- Despite the majority of citizens supporting decriminalization of abortion, the self-proclaimed pro-life movement wields significant influence over federal politics, creating a contentious environment.
- Advocates for women's rights, like constitutional judge nominee Frauke Brosius-Gersdorf, push for the expansion of reproductive rights and the legalization of abortion in the first trimester, while maintaining protections for unborn life.
