Paragraph 218
Commission recommends legalizing abortions
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The discussion about paragraph 218, which generally classifies abortions as illegal, may be approaching a turning point. A commission of experts set up by the traffic light coalition recommends the legalization of abortions in the first twelve weeks of pregnancy.
In the German debate about Section 218 of the Criminal Code Although abortions are fundamentally classified as illegal, there is now a decisive change. A commission set up by the traffic light coalition recommends legalizing abortions within the first twelve weeks of pregnancy.
The obligation to provide advice and the waiting period lead to stigmatization
So far all abortions in Germany have been loud Paragraph 218 is fundamentally illegal, even if certain conditions allow for impunity. These include, among other things, threats to the life of the pregnant woman or cases of sexual violence. Mandatory counseling and a waiting period of three days before carrying out an abortion are also necessary. The current regulation is seen as a social compromise, but has met with criticism. Critics complain that the criminal prosecution leads to unnecessary stigmatization, which in turn hinders access to medical care and advice.
The dem “Mirror” The Commission’s present final report states that the current legal situation cannot withstand “constitutional, international and European law scrutiny”. Accordingly, abortion in the first twelve weeks should no longer be considered illegal. This Commission recommendation has the potential for far-reaching legal change.
Further innovation: gray area between the 12th and 22nd week
The commission continues to recommend a ban on abortions in the late phase of pregnancy from the 22nd week. Between the twelfth and the 22nd week, the legislature has the discretion to set regulations. In addition, abortions should also be permitted in later phases if the continuation of the pregnancy is unreasonable for the woman. This is the case if the pregnancy threatens the woman’s life or poses a significant risk to her physical or mental health, as well as in pregnancies that result from sexual violence. The commission then recommends allowing abortions.
Legalization could also have financial consequences. In their report, the experts address the existing benefit law of health insurance companies. To date, women who decide to have an abortion under the current counseling regulations often bear the costs themselves. However, if the legality of abortions is recognized in the future, there could be a change so that health insurance companies could be obliged to cover the financial costs for such procedures.
Retention of the obligation to provide advice and waiting time are likely
However, the Commission is in favor of retaining the obligation to provide advice. A comprehensive advisory service should be created. This means a “comprehensive, low-threshold, low-barrier and multilingual advisory service” that is available to women free of charge.
Reproductive medicine could also undergo legal changes
In addition to abortion, the commission also looked at egg donation and surrogacy. Egg donations could therefore be legalized “provided they are based on a legal basis that, in particular, guarantees the necessary protection of the donors and the well-being of the child.” While surrogacy could only be allowed under certain conditions. Above all, it must be ensured that a relationship between both parties continues beyond the birth and that the surrogate mother receives “appropriate compensation”.
The commission’s recommendations are not binding, but represent an important basis for possible changes to the law. The traffic light coalition has already deleted paragraph 219a, the so-called ban on advertising for abortions, in this legislative period. However, the reform process could be influenced by the Federal Constitutional Court and political debates.
Sources used: spiegel.de, br.de