Advocate for the immediate legalization of abortion

In a landmark report, the Expert Commission on Reproductive Self-Determination and Reproductive Medicine, established by the federal government, has recommended the fundamental legalization of abortions, particularly during the first 12 weeks. The commission's recommendations are aimed at achieving equality and ensuring good medical and psychosocial care for women and queer individuals.

The report, which is supported by a large majority (over 80%) of the population, contains concrete, cross-party, interdisciplinary, and scientifically-based recommendations. It challenges the current regulation of abortions in Germany, asserting that it discriminates against women, with no similar law intervening in men's right to self-determination.

Abortions are currently illegal in Germany according to §218 of the Criminal Code, even in the first 12 weeks. This outdated law does not acknowledge the reproductive rights of women and queer people, including the right to make self-determined decisions about sexuality, contraception, and parenthood.

The commission believes that the decision to have a child and become a parent is a profound and far-reaching decision that can only be made by the woman herself. The World Health Organization and the European Parliament echo this sentiment, calling for better legal regulation of abortions.

Approximately 100,000 women in Germany terminate their pregnancies each year, with 96% doing so in the early phase (within the first 12 weeks). However, the report highlights significant gaps in care across the country, particularly in Bavaria, with few clinics and practices outside Munich, and none in Nuremberg, Würzburg, or Regensburg. Other cities also lack care, such as Freiburg, Koblenz, Göttingen, Paderborn, and Oldenburg.

The commission's report can be understood as a clear mandate for the governing parties and the legislature to act on the regulation of abortions outside of the Criminal Code. Terminations in the early phase are typically performed with medication and are relatively risk-free for the women.

The growing influence of right-wing extremist and authoritarian-populist parties could restrict reproductive rights in Germany. The AfD (Alternative für Deutschland) has not yet made a decision regarding a liberal approach to abortion. The SPD and Green Party factions have already passed a resolution for a new regulation of abortions, and the FDP is now being called to agree to a liberalization of abortions.

The commission also emphasizes the importance of health insurance companies in the discussion about reproductive rights and the legalization of abortions. Both pregnant individuals and doctors could face imprisonment for performing abortions under current law.

The report comes at a critical time, as legalizing abortions could counter the strategy of parties that may seek to regress reproductive rights, preventing a potential regressive shift (reproductive backslide) in Germany. Around 50 countries have reformed their laws to legalize abortion in the early stages and protect reproductive rights in the past 30 years, but Germany lags behind. The commission's recommendations offer a promising step towards addressing this gap.