There are legal hurdles in Germany for an abortion. So far, this has also included a far-reaching ban on doctors from providing information about abortions on websites. That should fall now.
The federal cabinet has cleared the way for the abolition of the controversial Paragraph 219a, which prohibits “advertising for the termination of pregnancy”. According to Wednesday’s decision, the paragraph in the penal code should be repealed.
So far, among other things, it has meant that doctors cannot publicly offer detailed information about abortions without fear of prosecution. The draft law by Federal Minister of Justice Marco Buschmann now has to be discussed by the Bundestag and Bundesrat.
The FDP politician called it an “unacceptable situation” in the ZDF “Morgenmagazin” that German law forbids doctors to provide factual information and threatens the public prosecutor. That’s why we’re deleting this standard. “Nobody has to worry about that. Because there will be no advertising or anything like that for abortions, like there will be for chocolate bars or travel. That is legally impossible.
Buschmann explained later that women should be able to find out as much information as possible about methods and possible risks. “For some women, the path leads directly to the doctor they trust. Others first look for a doctor and for advice on the Internet. We want women in Germany to have both options open.”
At the same time, there are still legal regulations against “promotional and offensive advertising”. “Nobody has to worry that there is sensational advertising for abortions, for example.” The level of protection for unborn life does not change either.
Basic criminal liability remains
In Germany, for example, an abortion is generally punishable under the controversial paragraph 218 of the penal code. For the first twelve weeks of pregnancy, however, abortions are decriminalized if there has been prior counseling, there is a health risk or the pregnancy arose as a result of a sexual offence.
Judgments against doctors for “advertising for abortion” that were made after October 3, 1990 due to the still valid regulation are also to be overturned and the proceedings discontinued.
Federal Women’s Minister Anne Spiegel (Greens) called the abolition of Paragraph 219a “overdue” on Wednesday. “In the future, doctors should be able to provide information about their medical services regarding abortions without having to fear prosecution or stigmatization. In this way, we are strengthening women’s right to self-determination in the long term.” In addition, the current federal government wants to set up a commission for reproductive self-determination. “Self-determined family planning is a human right.”
Bavaria’s Women’s Minister Ulrike Scharf, on the other hand, criticized the planned abolition of paragraph 219a. “This definitely does not improve women’s right to self-determination,” said the CSU politician. “The women are – often alone – in an exceptional emotional situation and need help with the difficult decision-making process.” According to Scharf, detailed information from doctors who are excluded from being legal advisors and who carry out the termination of pregnancy is not necessary. “There is no information deficit here.”
Source: Stern
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