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Advocating for Immediate Legalization of Abortion

Abortion remains a criminal act under German law, specifically section 218 of the Criminal Code. This adversely affects women's access to abortion services and their right to self-determination, as the law carries significant penalties.

Call for Immediate Abortion Legalisation
Call for Immediate Abortion Legalisation

Advocating for Immediate Legalization of Abortion

In Germany, the issue of abortion remains a contentious one, with the current law - section 218 of the German Criminal Code - keeping the practice illegal. However, a commission of experts has presented concrete recommendations for change, calling for the decision to terminate a pregnancy to be made by pregnant women themselves.

The commission, composed of experts from various fields, has proposed that the legislative period should see the development of a new legal framework for abortion, outside of the Criminal Code. This proposed framework would ensure equal rights and guarantee good medical and psychosocial care. The final report of the commission presents recommendations that are supported by more than 80% of the population.

The parliamentary groups of the SPD and the Greens in the Bundestag have passed resolutions for the development of this new legal framework. Meanwhile, the FDP is currently being called upon to agree to the liberalization of abortion care. However, the FDP has not explicitly stated which federal states in Germany they disagree with regarding the liberalization of abortion care. The debate includes opposition and delays, with the FDP and CDU/CSU reportedly raising concerns and not fully supporting decriminalization proposals at the national parliamentary level.

The increasing influence of right-wing extremist and authoritarian populist parties in Germany, such as the AfD, poses a real danger to reproductive rights. An AfD-led regional health ministry could further restrict or prevent access to compulsory counselling and legal abortion by cutting funding. This could exacerbate the significant gaps in abortion care provision in Germany, particularly in Bavaria, where only a handful of clinics and practices outside Munich currently exist.

Pregnancy termination is against the law in Germany, with both parties and doctors risking imprisonment. An exception is made for first-trimester abortions, but only if a compulsory counselling session is attended and a three-day waiting period is observed. Approximately 100,000 pregnancies are terminated in Germany each year, with 96% occurring in the first twelve weeks.

The Commission on Reproductive Self-Determination and Reproductive Medicine, established by the German federal government, has recommended that abortions performed during the first trimester should be legalized. This would undermine the strategy of restricting reproductive rights and prevent their erosion.

The European Parliament and the World Health Organization have called for improved legal regulation of abortion. Over the past 30 years, about 50 countries have introduced reforms to legalize early-stage abortions and protect reproductive rights, but Germany is lagging behind. At this stage, abortions can usually be performed with medication and without major complications.

Ignoring these recommendations would be detrimental to the situation of women in Germany and for the democracy. The commission's conclusions highlight the need for a modern and compassionate approach to reproductive health care in Germany. The call for reform continues to gain momentum, with many advocating for a change in the current law to ensure equal rights and access to safe and legal abortion care.

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