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Advocates of a law change have welcomed the investigation into the country’s legal framework, calling the law outdated and detrimental to women.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.

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    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.

    However, opposition lawmakers, in particular from the conservative Christian Democratic Union/Christian Social Union alliance and the far-right Alternative für Deutschland, say as it stands the existing law enjoys broad acceptance and offers necessary protection to the unborn.

    Leaked to some German media last week, the report included the recommendation that by effectively criminalising any woman who goes ahead with an abortion, the law is untenable.

    Those pushing for a change to the law say the fact that abortion in the early stages of pregnancy is included as paragraph 218 of the penal code means a future government could instigate punishments for terminations relatively easily.

    On Friday, the Center for Reproductive Rights in Europe welcomed the news that lawmakers in Poland under the new liberal government of Donald Tusk had taken the first step in relaxing the country’s strict abortion rules, including seeking to decriminalise the act.

    In 2022, a Nazi-era law in Germany that forbade doctors from advertising abortion services was abolished after attempts by anti-abortion activists to push for the prosecution of some gynaecologists.


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