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Abortions in first 12 weeks should be legalised in Germany, commission says
(www.theguardian.com)
this post was submitted on 15 Apr 2024
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As an American I’m shocked how many European countries have stronger restrictions than the United states.
Yeah at least in theory lol, some of those countries aren’t even very religious, would expect looser rules on this
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.
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.
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.
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.
Nono it's illegal it's just that, quoth:
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:
That last one is a brain twister. I get it. Just is an odd way to phrase it.