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Abortions in first 12 weeks should be legalised in Germany, commission says (www.theguardian.com)

submitted 5 months ago by [email protected] to c/[email protected]

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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Advocates of a law change have welcomed the investigation into the country’s legal framework, calling the law outdated and detrimental to women.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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[–] [email protected] 4 points 5 months ago (2 children)

Yeah at least in theory lol, some of those countries aren’t even very religious, would expect looser rules on this

[–] [email protected] 4 points 5 months ago* (last edited 5 months ago)

Germany is quite big on not having too easy answers to ethical questions. Roe vs. Wade pretty much said "fetuses aren't even people who cares", while the German position is "fetuses develop as, not to, humans", thus there's a rights conflict which has to be addressed in some way or the other.

I don't think anything much will change in practice, this will end with some definition changes (decriminalised vs. legal) and some reforms around pregnancy counselling as well as making sure that counselling and abortion are actually properly available (looking at you, Bavaria), maybe reforms around costs for abortions (at-will are not considered medically necessary thus health insurance doesn't cover it, but if you're poor the state will cover it, aftercare in any case is medically necessary thus paid by insurance). The overall tenor will still be "the state has a duty to minimise the number of abortions, primarily by social and welfare means", the constitutional court would void any law that implies otherwise very quickly.

On the flip-side a total ban would be completely unthinkable: Abortions for medical or criminological reasons count as self-defence, no questions asked, no arguments to be had. Evaluation in either case is up to the medical profession, no need for a guilty verdict or any such stuff.

[–] [email protected] -2 points 5 months ago (1 children)

I’m pro-choice. I just always assumed much of Europe was pro-choice as that’s what I had been told. Just interesting when it pops up in the news that’s it’s not.

[–] [email protected] 4 points 5 months ago (1 children)

It’s a bit more complicated than that. Here in Germany, while abortions are illegal (since fetuses are considered humans by law), it is decriminalized. It’s more about technicalities. You do have the choice though. It’s not as easy as going to an abortion clinic and half an hour later you’re done but if you got pregnant on accident (or by force) or have a medical need for abortion, there’s always a way. If it was just an accident, however, you do have to pay for the abortion yourself, unless you can’t afford it. Also, there is a mandatory counseling session.

[–] [email protected] -4 points 5 months ago (1 children)

Ah. So there is an option to just pay for it? So the title is a little misleading since it’s not illegal in the sense it’s criminal.

[–] [email protected] 5 points 5 months ago* (last edited 5 months ago) (1 children)

Nono it's illegal it's just that, quoth:

(1) The elements of the offence under section 218 are not deemed fulfilled if

the pregnant woman requests the termination of pregnancy and demonstrates to the physician by producing the certificate referred to in section 219 (2) sentence 2 that she obtained counselling at least three days prior to the procedure,

the termination is performed by a physician and

no more than 12 weeks have elapsed since conception.

TBH I don't think anyone really understands the legal-philosophical meaning of it. The constitutional court said something along the lines of "you can't just call it legal" and then someone came up with this. I guess you could call it a legal fiction, comparable to this gem:

(1) Only a person who is alive at the time of the devolution of an inheritance may be an heir.

(2) A person who is not yet alive at the time of the devolution of an inheritance, but has already been conceived, is deemed to have been born before the devolution of an inheritance.

[–] [email protected] -5 points 5 months ago

That last one is a brain twister. I get it. Just is an odd way to phrase it.