Abortion: Abortion in Germany – information & rights
The question of whether to terminate a pregnancy is a deeply personal and emotional decision that every woman in Germany can make for herself. In this article you will find out more about the legal aspects of abortion in Germany and what rights and options you have.
Abortion is generally punishable under Section 218 of the German Criminal Code (StGB). This fact alone can cause anxiety and uncertainty. It is important to know, however, that there are exceptions under which abortion remains unpunished. One of these exceptions is the so-called counseling regulation according to § 218a StGB.
There are state-approved pregnancy counseling centers where you can get advice before an abortion. Counseling is free and confidential. At the end of the consultation, you will receive a certificate of consultation, which you must present in order to have the abortion performed. In addition, the procedure must be performed by a doctor who was not involved in the consultation.
The purpose of these exceptions is to enable you as the woman concerned to make an informed and well-considered decision. It is your right to make this decision and to receive support in doing so.
In this article, we would like to give you a comprehensive overview of the legal aspects of abortion in Germany. Stay informed and make the decision that is best for you personally.
Exceptions to the Criminal Code in the case of abortion
Abortion is generally illegal in Germany. However, there are exceptions within the framework of the counseling regulation according to § 218a StGB, under which an abortion remains exempt from punishment.
The exceptions include:
- Counseling regulation: The woman concerned is obliged to seek counseling at a state-approved counseling center. A certain period of time must be observed between the consultation and the procedure. In addition, the abortion must be performed by a doctor who was not involved in the consultation.
- Medical indication: An abortion is not unlawful if the pregnant woman’s life is in danger or there is a risk of serious impairment of her physical or mental health.
- Criminological indication: If the pregnancy is the result of a sexual offense such as rape, an abortion may be exempt from punishment.
If these reasons are present, an abortion leads to impunity for the woman concerned. However, it is important to note that other parties involved may be liable to prosecution.
The advisory regulation
The counseling regulation according to § 218a StGB is a legally prescribed measure that must be carried out before an abortion. It serves to protect and support the pregnant woman. Counseling takes place in state-approved counseling centers and includes comprehensive advice on pregnancy decisions, legal aspects and available support services. The advisors are obliged to provide neutral and confidential advice. At the end of the consultation, the woman concerned receives a consultation certificate, which she must present in order to terminate the pregnancy.
Covering the costs of an abortion
The costs of an abortion are covered by health insurance if there are medical or criminological reasons. Women in social need are also entitled to have the costs covered and must submit a corresponding application to their health insurance provider.
The income limits for neediness are set annually. From July 1, 2023 to June 30, 2024, women whose disposable personal income does not exceed EUR 1383 per month and who have no short-term realizable assets are considered to be in need.
However, the costs are not covered by statutory health insurance if the abortion is performed in accordance with the counseling regulations. In this case, however, the costs for medical treatment during the pregnancy and for follow-up treatment of complications can be claimed.
The Commission on Reproductive Self-Determination and Reproductive Medicine
The Federal Government has set up the Commission on Reproductive Self-Determination and Reproductive Medicine to examine regulations for abortion outside of the Criminal Code. This commission consists of experts from the fields of medicine, law, health and sexology as well as psychology. Its aim is to examine the possibilities for regulating abortion and to discuss the legalization of egg donation and altruistic surrogacy. The Commission ‘s work is divided into two working groups that deal with the various aspects of reproductive medicine. The Commission’s final report is expected in March 2024.
The Commission’s discussions and investigations focus on issues of reproductive self-determination and reproductive medicine. The focus here is on the regulations for abortion outside the Criminal Code. The Commission will draw up recommendations to find an appropriate and legal regulation to protect women’s reproductive rights.
Legal regulations on abortion
According to Section 218 of the German Criminal Code (StGB), abortion is generally illegal and punishable by law. Persons who perform an abortion can be punished with imprisonment or a fine. However, there are exceptions that allow impunity.
One of these exceptions is the counseling regulation according to § 218a StGB. According to this regulation, abortion is exempt from punishment if certain conditions are met. This includes, among other things, a consultation at a state-approved counseling center, which must take place three days before the procedure. The aim of this counseling is to provide comprehensive information and support for the women concerned.
In addition to the counseling regulation, there are other cases in which an abortion can be exempt from punishment. A medical-social indication exists if the woman’s life is in danger or there is a risk of serious impairment to her physical or mental health. A criminological indication exists if the pregnancy is the result of a sexual offense such as rape.
It is important to note that doctors have the right to refuse to participate in an abortion on grounds of conscience. However, cooperation must be necessary to avert an otherwise unavoidable danger to the woman’s life or health. The medical staff’s right of refusal applies to the pregnant woman, employers and health insurance companies. It aims to ensure that individual moral and ethical convictions are respected, while at the same time providing care for women.
Constitutional basis for abortion
The constitutional basis for abortion in Germany is firmly anchored in Article 1 Paragraph 1 and Article 2 Paragraph 2 of the Basic Law. These articles of the Basic Law include the inviolability of human dignity and the inviolability of the person, which it regards as the highest maxims of law. In a 1993 ruling, the Federal Constitutional Court made it clear that unborn life is entitled to legal protection and that the state is obliged to protect life, including the unborn. However, the court also ruled that the legislator can regulate exemption from punishment in certain cases in order to take the concerns of pregnant women into account.
Right of refusal of the medical staff
According to the Pregnancy Conflict Act, medical staff have the right to participate in an abortion or to refuse to do so. No one is obliged to participate in an abortion unless this is necessary to avert an otherwise unavoidable danger to the life or health of the woman.
The right of refusal applies to doctors and other medical support staff. It can be asserted against the pregnant woman, employers and health insurance companies. However, the refusal does not have to be accepted unconditionally and without justification. However, the refusal should not result in any professional disadvantages.
Rights and responsibilities
The medical staff’s right to refuse guarantees personal freedom of choice with regard to participation in an abortion. At the same time, there is a responsibility to ensure that necessary medical care is provided if the woman’s life or health is at risk. The right of refusal and the obligation to provide medical assistance must be carefully weighed against each other in order to ensure that the rights of all parties involved are protected.
While Germany has strict regulations regarding abortion, the legal situation in other European countries is often different. Many countries have more liberal laws and allow abortion under certain conditions. Some countries and their legal situation regarding abortion are presented below:
1st Netherlands
The Netherlands is considered one of the most liberal countries in terms of abortion. Here, the termination of pregnancy is permitted up to the 24th week, provided that a woman observes a reflection period of at least five days and seeks medical advice.
2. sweden
In Sweden, abortion is permitted up to the 18th week without specific reasons. According to this law, abortions are only permitted under certain medical or social circumstances. Counseling is not mandatory.
3. france
In France, abortion is permitted up to the 12th week of pregnancy. Women must observe a cooling-off period of seven days and undergo a medical consultation before the procedure.
4th Great Britain
In the UK, a woman may terminate a pregnancy up to 24 weeks if two doctors come to the conclusion that the termination would endanger her physical or mental health. After the 24th week, abortions are only permitted for medical reasons.
The legal situation regarding abortion can change in individual countries over time, so it is important to find out about the current laws and regulations if you have questions about abortion.
According to Section 218 of the German Criminal Code (StGB), abortion is generally illegal and punishable by law. Persons who perform an abortion can be punished with imprisonment or a fine. However, there are exceptions that allow impunity.
One of the exceptions is the counseling regulation according to § 218a StGB. According to this regulation, abortion is exempt from punishment if certain conditions are met. This includes counseling at a state-approved counseling center, which must take place at least three days before the procedure. The pregnant woman must be able to present a certificate of counseling. In addition, the abortion may only be performed by a doctor who was not involved in the consultation.
Other reasons that can lead to exemption from punishment are medical-social indications and criminological indications. In the case of a medical-social indication, an abortion is not unlawful if the pregnant woman’s life is in danger or if there is a risk of serious impairment to her physical or mental health. A criminological indication exists if the pregnancy is the result of a sexual offense such as rape.
In addition to the right of pregnant women to have an abortion, doctors also have the right to refuse to cooperate on grounds of conscience. However, this right of refusal does not apply if cooperation is necessary to avert an otherwise unavoidable danger to the woman’s life or health.
An important aspect of an abortion is counseling. In Germany, there is a legal obligation to seek advice at a state-recognized pregnancy conflict counselling centre in accordance with § 218a StGB. These advice centers support women in difficult situations and offer them professional advice, information and support.
There are a large number of advice centres in Germany that specialize in pregnancy conflicts. These centers are located throughout the country and offer women a confidential and anonymous environment in which they can discuss their questions and fears. The counselors at the counseling centers are trained and experienced in supporting women in difficult life situations.
Consulting content and process
During the consultation, various topics are discussed to enable women to make an informed decision. This includes information on the various options, financial support, legal aspects and psychosocial support. The advice is targeted, solution-oriented and geared to the individual needs of the women.
Counseling usually takes place in several sessions in order to give women enough time and space for their questions and concerns. The discussions are confidential and are subject to professional secrecy. Women can seek advice together with their partner or another trusted person if they wish.
The counseling regulation according to § 218a StGB has a significant impact on abortion in Germany. The obligation to seek advice at state-recognized pregnancy counselling centres ensures that women receive comprehensive information and support before the procedure. This enables them to make an informed decision and exercise their rights.
The three-day waiting period between the consultation and the procedure gives women time to reflect and clarify any questions or concerns they may have. They are given the opportunity to reconsider their decision and seek further advice or support if necessary.
The fact that the abortion must be performed by a doctor who was not involved in the consultation ensures that the medical intervention takes place independently of the consultation. This ensures objective medical decisions and protects the interests of pregnant women.
The counseling regulation also helps to ensure that medical and criminological reasons are given appropriate consideration. Women who require an abortion due to health or criminological circumstances can have this performed within the framework of the legal provisions. This ensures their safety and well-being.
The counseling regulation is an important part of the German legal system and helps to ensure that abortions are carried out under appropriate conditions. It offers women the opportunity to make their own choices and protect their rights, while at the same time protecting their safety and well-being.
The Federal Constitutional Court plays a key role in abortion legislation in Germany. In the past, it has made groundbreaking decisions that balance the rights of pregnant women and the protection of unborn life. The 1993 ruling in particular created the legal basis for the current regulation.
The ruling stated that unborn life is entitled to legal protection and that the state is obliged to protect life. At the same time, the court recognized that pregnancy conflict counselling and impunity in certain cases must take into account the concerns of pregnant women.
The decisions of the Federal Constitutional Court have led to the current regulations on abortion in Germany. They balance the need to protect the unborn child, the woman’s right to physical self-determination and the state’s obligation to provide protection and advice.
The court has also set clear limits on the right of medical staff to refuse treatment. Doctors have the right to refuse to participate in an abortion on grounds of conscience as long as this does not result in an unavoidable risk to the woman’s life or health.
A possible change is emerging in the debate on abortion in Germany. The Commission on Reproductive Self-Determination and Reproductive Medicine is currently examining new regulations for abortion outside of the Criminal Code. Experts from various fields have joined forces to rethink the current regulations. The final report of this commission is expected in March 2024.
This review raises the possibility that new guidelines for abortion will be established in the future. This could lead to abortion being legalized even more extensively in certain cases and women continuing to have the opportunity to make their own decisions about their pregnancy.
The discussion about abortion is a socially sensitive issue, in which it is important to find the right balance between the protection of unborn life and the right to reproductive self-determination. It remains to be seen what recommendations the Commission will make and how these will be taken up by politicians. The future of abortion in Germany is therefore still written in the stars.
Sources:
- https://www.bmfsfj.de/bmfsfj/themen/familie/schwang…
- https://www.familienplanung.de/schwangersc…
- https://www.bundestag.de/resource/blob/90810…
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