Bundestag
Abortion: Will Section 218 be reformed?
German politicians have been struggling to deal with abortion for decades. There is currently a compromise in place that, according to experts, often has a deterrent effect. Does the Bundestag still have the strength to make a change?
For those affected it is often the most difficult decision of their lives, and for society it is a highly sensitive issue: abortion. In Germany, abortion is a criminal offense – even if it is not punished under certain conditions. More than 300 members of various parliamentary groups in the Bundestag want to reorganize this. Your motion was discussed very emotionally in the plenary session – but it runs the risk of being slowed down by the break in the traffic light coalition.
What applies to abortions so far?
In Section 218 of the Criminal Code there is essentially a compromise: Abortion is fundamentally illegal in Germany because, according to the Basic Law, unborn life must be protected. However, it is not a criminal offense if it takes place within the first twelve weeks and the woman has sought advice beforehand. Abortion remains unpunished even if there are medical reasons or if it is carried out because of rape.
Why do members of several parliamentary groups want to change that?
They believe that women who want abortions receive worse care because of the law. The criminal law deters doctors from carrying out abortions, argued SPD MP Carmen Wegge. The parliamentarians also expect that health insurance companies would normally cover the costs of the procedure if the illegality is lifted.
According to the Federal Statistical Office, there were around 106,000 reported abortions in Germany in 2023 – around 2.2 percent more than in the previous year. Young women are often affected, most between the ages of 18 and 34. 96 percent of abortions were carried out under the consultation procedure. Medical reasons and sexual offenses were the reason for the abortion in only four percent of cases.
What exactly are they suggesting?
The draft, which was largely pushed forward by the Greens and the SPD, stipulates that abortions will be removed from the criminal law. Abortions should become legal up to the 12th week. The obligation to provide counseling should remain, but without the current obligation to wait three days between counseling and abortion. If an abortion is carried out without a certificate of consultation, only the doctor should be liable to prosecution in the future. The woman would remain unpunished. The costs should be covered by health insurance companies.
How did the debate in the Bundestag go?
The parliamentarians argued, some of them highly emotional. “Paragraph 218 has symbolized since 1871 that a woman does not have the right to decide about her pregnancy and therefore her life and her body,” emphasized Green MP Ulle Schauws. Gyde Jensen from the FDP said that in such a difficult situation, women should not be exposed to the additional burden of potentially committing a crime.
Dorothee Bär from the Union, on the other hand, accused the supporters of not taking the fate of the unborn child seriously enough. Beatrix von Storch from the AfD explained: “Women can now end the life of their unborn child with impunity – I personally think that’s terrible.”
What chances of success does the reform proposal have?
The Bundestag can still pass laws until the new election scheduled for February 23rd – so with a tight plan there would be enough time. But the SPD and the Greens alone do not have a majority in parliament. The reform is therefore being attempted via a so-called group application. Such requests are made for ethically complex questions across camp boundaries. As a rule, MPs do not have to follow the line of their group when voting, but rather decide completely freely.
There are currently 733 members in the Bundestag, so 367 votes are needed for a majority. So far, 328 parliamentarians support abortion legalization, primarily from the SPD, the Greens and the Left, but the BSW has also announced its support. It remains to be seen whether the Bundestag will even vote on the proposal. Because it was first referred to the responsible legal committee – and whether it will be included on the Bundestag’s agenda for a resolution will be decided in this committee.
How will the Union and FDP behave here?
Some in the Greens and SPD fear that the Union and FDP will “sink” the proposal in the Legal Affairs Committee, i.e. not release it for resolution until new elections are held. The FDP MP Jensen argued in the Bundestag that such a debate should not be conducted in a hurry; time is needed to think, listen and individually weigh things up. Union faction leader Friedrich Merz has also criticized the fact that the issue should be pushed through quickly.
This doesn’t go down well with the SPD. Merz is completely sidelined, criticized the parliamentary manager of the SPD parliamentary group, Katja Mast. “The fact that the Union and the FDP are now even trying to block a hearing is unbearable,” she told the German Press Agency. “I call on Friedrich Merz to stand with women, doctors and the clear majority in our country. The time is ripe for a decision.”
Federal Statistical Office draft law on abortion
dpa
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
