Germany is currently embroiled in heated debates surrounding its abortion laws, with heated responses echoing throughout the Bundestag. Recently, the issue gained enormous attention when CDU/CSU opposition leader Friedrich Merz expressed his outrage at the proposal to legalize abortion during the first twelve weeks of pregnancy, emphasizing the polarizing nature of the topic.
On November 14, 2024, several parliament members from the Social Democratic Party (SPD) and the Greens introduced legislation aimed at removing abortion from the penal code. Currently, abortions can be performed without legal repercussions within the first twelve weeks if the woman undergoes prenatal counseling. Merz condemned the initiative, stating it threatens to disrupt social unity and may incite unnecessary conflicts within German society.
Distinctly emotional rhetoric marked the parliamentary discussions. Merz asserted, “I’m truly shocked to see the same Chancellor, who frequently speaks of unity and social cohesion, appear on the petition list.” He mentioned the intent behind the proposal: “This is clearly an attempt to push through §218 at breakneck speed as we approach the end of the electoral period.”
Women’s health advocates argue the existing laws infringe upon personal autonomy. The legal challenge many women face under current regulations has compelled some parliamentarians to push for changes. Their bill argues, “The current law significantly restricts self-determination, infringing on personal integrity and bodily autonomy, potentially harming both physical and mental health.”
If the new legislation passes, abortion would remain allowable under specified circumstances, primarily maintaining the counseling requirement. What stands out is the move to eliminate the waiting period of three days currently mandated between counseling and the procedure. It would mean no longer criminalizing women opting for abortions without consultation, focusing instead on holding medical practitioners accountable if they proceed without the necessary counseling notice.
Support for this initiative is gaining traction. By yesterday afternoon, 236 parliamentary members had shown their backing, representing the SPD, the Greens, the Left Party, and even the South Schleswig Voters’ Association (SSW). Greens MPs Ulle Schauws and Carmen Wegge, champions of the measure, expressed they were optimistic about passing this legislation before the upcoming elections scheduled for February 23.
Notably, the charge to amend abortion laws isn't novel; discussions about the controversial constitution of §218 have been murky for years. Experts convened by the government previously highlighted the necessity for legislative change, indicating the current criminalization isn't sustainable.
Numerous reports issued by the 18-member evaluative panel earlier this year recommended outright legalizing abortion during the specified period. This was underscored by Federal Minister for Women Lisa Paus, who posited,
