Abortion has been a criminal offense under German law for more than 100 years – but right now is “the opportunity for a historic moment,” says a doctor in an interview.
It is still one of the most sensitive and controversial topics: abortion and the discussion about Section 218 of the German Criminal Code. While supporters defend the existing law as a protection for unborn life, critics argue that it restricts women’s reproductive rights and places an unreasonable burden on those affected.
The debate was reignited by a cross-party draft law that would no longer make abortion a criminal offense. In an interview with t-online, doctor and activist Alicia Baier explains what hurdles women who are considering an abortion still have to overcome – and why the draft law could still fail.
t-online: Ms. Baier, why has there been such a heated debate about abortion in Germany for so long?
Alicia Baier: The debate in this country is emotionally and morally charged. The influence of the Catholic Church is still very large and Christian parties such as the CDU/CSU continue to block progress on the issue. Unfortunately, factual information is neglected. And there are still many prejudices against abortion – in society and also in medicine. Some are also deliberately circulated by abortion opponents.
People say that abortions are dangerous or that all women regret it afterwards. But there is enough evidence that this is not true.
Dr. Alicia Baier is a doctor, co-founder and board member of “Doctors for Choice Germany”, a network of doctors and midwives who are committed to a self-determined approach to sexuality, reproduction and family planning. In particular, she fights to dismantle myths and prejudices surrounding abortion and promotes fact-based education.
You have been campaigning for abortion rights for years. Now abortions could become legal. An overdue step?
Right now is the opportunity for a historic moment. A lot has changed in the last few years. In 2022, Paragraph 219a – the ban on information about abortions – was abolished, and so-called “sidewalk harassment” was also recently banned. This is intended to better protect pregnant women from attacks by abortion opponents. What is still missing is the abolition of Section 218. We have the draft law, but it is far from being passed.
Abortions in Germany are regulated by Section 218 of the Criminal Code. According to the current legal situation, an abortion is generally punishable – but is exempt from punishment in the first twelve weeks if women seek advice beforehand and three days pass between the advice and the abortion. Health insurance companies do not cover the service.
What else could come up?
The draft is now in the Legal Affairs Committee. The big worry is that it won’t get out of there and will sour. Parties like the CDU, AfD and FDP could prevent voting from taking place at all. The CDU in particular wants to delay the decision. They want this to stop happening in this legislature. But the FDP is also blocking. And the next Bundestag will probably be much more conservative.
The FDP argues that the previous regulation worked: abortion is illegal in the first twelve weeks, but is not punished. What do they say to her?
That unwanted pregnant women are made to believe that they are committing a crime. This can lead to feelings of guilt. It is the only medical procedure that is regulated by the criminal code and should have nothing to do with it. The three-day waiting period and the mandatory counseling are also a burden for those affected. They lead to delays in supply. Even the World Health Organization (WHO) says that this obligation to provide advice costs valuable time and can lead to the termination taking place later.
A new, cross-party bill stipulates that abortions up to the twelfth week of pregnancy are no longer a criminal offense. The obligation to provide counseling should remain in place, but the currently mandatory three-day waiting period between counseling and abortion should be abolished. It is also planned that the costs of abortions will be fully covered by health insurance companies. It is still unclear whether the draft law will be passed.
However, legalization could be unconstitutional. The Federal Constitutional Court ruled in 1993 that unborn life should also be protected. How can the protection of unborn life be guaranteed?
Criminal law does not prevent abortions. Unborn life can be protected much more effectively, without harming the pregnant woman: through good access to contraceptives and more support for parents. Financing contraception through health insurance companies, sufficient and affordable daycare places and more opportunities for women to combine family and work would be effective measures to prevent abortions.
What consequences would decriminalization have for affected women?
The strong stigmatization for those affected and also for us doctors would disappear. And the health insurance company would cover abortions. Because an abortion costs 300 to 600 euros – depending on the method. And only those with a low income can apply for cost coverage. These are also unnecessary, bureaucratic steps that delay the procedure. Repealing the law would be a big improvement, but it wouldn’t solve all the problems. Nevertheless, abortions must be seen for what they are, namely normal medical services.