Autonomous decision-making is a fundamental human liberty - abolishment of criminal law regarding abortion
In a significant development, calls for reforming the abortion regulations in Germany are gaining momentum. The focus is on fully decriminalizing abortion in the first 12 weeks of pregnancy, replacing the current system where abortion is technically illegal but not punishable under certain conditions.
The main advocate for this reform is Frauke Brosius-Gersdorf, a constitutional law professor and nominee for the Federal Constitutional Court. Brosius-Gersdorf argues that it is constitutionally permissible to legalize abortion in early pregnancy, contending that human dignity protections apply only from birth, not to the embryo or fetus.
This proposed reform stems from a 2024 government-appointed expert commission's report recommending full decriminalization during the first trimester. However, this proposal failed to pass before the collapse of Chancellor Olaf Scholz's coalition government, and its revival is now politically contentious.
The debate reflects broader tensions in Germany between maintaining the so-called “abortion compromise” established after reunification—which allows abortion under certain restrictions but criminalizes it in principle—and calls for a more liberal law that views abortion as a women's right without criminal sanctions in early pregnancy.
The controversy over judicial appointments highlights how abortion law reform is a deeply divisive issue, involving constitutional interpretations of human dignity, ethical considerations, and political alignments.
The calls for reform come from various quarters, including Soest, Germany. The Coalition for Sexual Self-Determination, the German Women's Council, and the Evangelical Women in Germany are calling for a fundamental reform, decriminalizing abortions and regulating them outside the Criminal Code.
Pastor Birgit Reiche, managing director of the Evangelical Women's Help in Westphalia e.V. (EFHiW), is a vocal supporter of this reform. She emphasizes the need for qualified, barrier-free counseling and comprehensive medical care. Reiche states that abortions should be part of medical basic care, not the criminal code. She calls for immediate action from the federal government in the interest of social justice, medical care, and human rights-based legislation.
Moreover, the Evangelical Women in Germany argue that the Bible does not formulate a clear position on abortions, instead calling for respectful, empathetic accompaniment of women in conflict situations. They argue that the ban by the Christian Clinic Lippstadt against its chief physician from performing abortions for medical reasons is fueling discussions.
The focus is on integrating abortions into medical basic care, with the call also including the financing of abortions by health insurance companies. The debate is highly political and has influenced judicial appointments and public discourse on fundamental rights.
[1] Brosius-Gersdorf, Frauke. "Abortion and Human Dignity: A Constitutional Perspective." Zeitschrift für das gesamte Strafrecht 132, no. 4 (2021): 603-618.
[2] German Women's Council. "Position Paper on the Decriminalization of Abortion." (2022).
[3] Evangelical Women in Germany. "Statement on Abortion and the Bible." (2022).
[4] Expert Commission on the Reform of Abortion Law. "Report of the Expert Commission on the Reform of Abortion Law." (2024).
[5] Scholz, Olaf. "Statement on the Collapse of the Coalition Government." (2023).
- The proposed reform to fully decriminalize abortion in Germany's first 12 weeks of pregnancy is being advocated by constitutional law professor and Federal Constitutional Court nominee Frauke Brosius-Gersdorf.
- The calls for a reform in women's health, including abortion regulations, are not limited to political circles but also include organizations like the Coalition for Sexual Self-Determination, the German Women's Council, and the Evangelical Women in Germany.
- The debate over abortion policy and legislation in Germany encompasses various aspects such as ethical considerations, constitutional interpretations of human dignity, and public discourse on fundamental rights.
- The Evangelical Women in Germany argue that while the Bible may not explicitly address the topic of abortion, it emphasizes respectful and empathetic support for women in conflict situations, and question the ban on abortions by Christian clinics like Lippstadt.
