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

submitted 6 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Advocates of a law change have welcomed the investigation into the country’s legal framework, calling the law outdated and detrimental to women.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] 13 points 6 months ago* (last edited 6 months ago) (2 children)

I went in to read the German law itself and it's basically only illegal if certain conditions aren't met and that is getting a counseling beforehand.

I think that's a bit of a far stretch and misleading to say it's illegal but rarely punished etc.

Also the headline is completely wrong, as it is already allowed to get an abortion up to week 12.

Here is the part of the legal text defining the requirements.

Section 218a Exemption from punishment for abortion

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

1. 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,

2. the termination is performed by a physician and

3. no more than 12 weeks have elapsed since conception.

[–] [email protected] 7 points 6 months ago

I think that’s a bit of a far stretch and misleading to say it’s illegal but rarely punished etc.

It's illegal but not punished if those conditions are met. It's a legal detail due to the constitutional court saying, more or less, that you can't just legalise the killing of a human if it's not self-defence and at-will abortions can't count as self-defence as noone infringed on the woman's rights.

The state is required to combat abortions, but social and welfare means have precedence over criminal punishment. Germany has a very low abortion rate (5.4/1000 women), that's about half that of Poland (which is Catholic) and 1/3rd to 1/4th (depending on the numbers you look at) of the US rates, and that's with abortion being illegal in a lot of US states and probably getting undercounted. 1/10th of Cuba.

[–] [email protected] 3 points 6 months ago

It is illegal but decriminalized under those conditions. Still have a lot of pre conditions to fullfill